The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more
10/29/2024
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Law Violations ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
Seyfarth Synopsis: With the myriad claims for religious accommodation that came out of mandatory COVID vaccination policies, employers have become familiar how to handle requests for religious accommodation in the workplace. ...more
9/10/2024
/ Affordable Care Act ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Duty to Accommodate ,
Final Rules ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
OCR ,
Religious Accommodation ,
Religious Beliefs ,
Religious Discrimination ,
Title VII
Seyfarth Synopsis: The Ninth Circuit has held that harassing conduct that takes place outside of the physical workplace can constitute workplace harassment....more
Seyfarth Synopsis: In six months, the U.S. presidential election will take place and inevitably employee views on the elections and election issues will make their way into the workplace. In yesterday’s highly polarized...more
6/5/2024
/ Adverse Employment Action ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Free Speech ,
Labor Regulations ,
Political Expression ,
Political Speech ,
Presidential Elections ,
Reasonable Accommodation ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Voting Rights
On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA...more
4/18/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
Seyfarth Synopsis: The Pregnant Workers Fairness Act (“PWFA”) creates new rights to reasonable accommodation for employees and applicants who have physical or mental conditions arising from pregnancy, childbirth or related...more
Seyfarth Synopsis: On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits...more
5/17/2023
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Discrimination ,
Florida ,
Health Care Providers ,
Masks ,
New Legislation ,
Non-Discrimination Rules ,
Public Health Emergency ,
Vaccinations
Seyfarth Synopsis: Since ChatGPT became available to the public at large in November 2022, employers have been wondering, and asking their employment lawyers, “What kind of policies should we be putting in place around the...more
Seyfarth Synopsis: Employers need to be aware and prepare for significant changes to options and rights afforded to employees with respect to their private data and information coming with the California Privacy Rights Act’s...more
Introduction -
Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023....more
Seyfarth Synopsis: Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023....more
Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more
On Friday, November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit extended its initial stay regarding OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The Fifth Circuit made clear how...more
Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more
Seyfarth Synopsis: Your dedicated Seyfarth Team has created a checklist to help covered employers achieve compliance with the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) in timely fashion....more
11/12/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Seyfarth Synopsis: The EEOC has updated its Technical Assistance Guidance (“Updated Guidance”) related to COVID-19 and, in particular, what employers are permitted to do with respect to vaccination programs and incentives for...more
Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the...more
Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination...more
As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination mandatory. ...more
1/12/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Incentives ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
Seyfarth Synopsis: On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance for employers on the interplay of workplace bias laws and COVID-19 vaccinations. ...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality. Below are ten considerations for employers to keep in mind from the...more
10/8/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Seyfarth Synopsis: During the COVID-19 crisis, employers are being thrust into situations in which they inquiring into and monitoring the private lives of their employees in unprecedented ways. ...more
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more
1/4/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Facebook ,
First Amendment ,
Fourteenth Amendment ,
Hiring & Firing ,
Labor Relations ,
Political Speech ,
Protected Activity ,
Retaliation ,
Social Media ,
Social Media Policy
Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more
Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more
10/3/2017
/ Best Practices ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Legislative Agendas ,
Pending Legislation ,
Personal Data ,
Popular ,
Prior Express Consent ,
Privacy Laws ,
Risk Management ,
Standard of Care ,
State Data Breach Notification Statutes