As we previously blogged, some employers are have opted to institute mandatory vaccine policies for their employees, but now many employers won’t have a choice. On Thursday, President Biden announced that all employers with more than 100 employees are required to...
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kirbeejohnson
Federal Court Recognizes “Associational Discrimination” Under Title VII
Under Title VII, employees who face adverse actions for complaining about discrimination are able to sue their employers for retaliation. But what about employees who complain about discrimination resulting from their association with people of other races? A...
Can Employers Require Their Employees to Get Tested for COVID-19?
Many employers - such as United Airlines, Tyson Foods, Google, and the federal government – have decided to make the COVID-19 vaccine a condition of employment. Other employers have opted for a gentler approach: all employees must either be vaccinated or produce...
Should Employers Care if Their Remote Employees Move to Another State?
Over the course of the pandemic, many employees have been given the freedom to work from home, or even move around the country while working remotely. For many employers, remote work has not presented any problems in terms of employee productivity or supervision. ...
EEOC Issues Guidance on Discrimination Based on Sexual Orientation/Gender Identity
Back in 2020, the Supreme Court held in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964. Recently, the Equal Employment Opportunity Commission issued guidance on...
New Overtime Law Goes into Effect in Virginia
Earlier this month, the Virginia Overtime Wage Act (VOWA) went into effect. The new law resembles the federal Fair Labor Standards Act (FLSA) in that it requires employers to pay employees an overtime rate of 1.5 times their regular rate for all hours worked in...
Baltimore Judge Halts Governor’s Early Termination of Pandemic Unemployment Programs
Back in March 2020, Congress passed multiple unemployment programs designed to assist Americans who were out-of-work due to the pandemic. Although these programs are slated to expire on September 6th, Maryland Governor Larry Hogan announced last month that the state...
Federal Court Rules that Consultation with Attorney Before Termination of Employee is not Evidence of Retaliation
When an employer seeks the advice of an attorney before they terminate an employee, is this evidence that the termination was motivated by retaliatory intent? A federal case called O'Rourke v. Tiffany and Company recently addressed this very question. In O’Rourke,...
Fourth Circuit Decision Sheds Light on How Far an Employer Must Go to Accommodate a Disability
Under the Americans with Disabilities Act (ADA), employers are required to consider reassignment to existing vacant positions as a potential accommodation. But what happens when an employee requests that an employer create a new position as an accommodation? This...
New FMLA Decision Highlights the Importance of Following Employer’s Absence Policies
A recent federal decision from the Eastern District of Michigan addressed the question of whether an employer may discipline an employee who qualifies for FMLA leave, but nonetheless fails to follow company policy when taking an absence. In Reed v. Delta Air Lines,...