Under Title IX—which prohibits sex discrimination in federally funded educational institutions—a school can be found liable if it had “actual notice” that a student was sexually harassed, yet the school did nothing. Recently, the Fourth Circuit addressed the question...
thatcherlawfirm
thatcherlawfirm
Non-disclosure Agreements Protect Businesses
During the first 2020 primary debate, Michael Bloomberg was slammed for his company’s use of non-disclosure agreements (NDAs) to cover up the company's unfair treatment of three women executives. The assertion put Bloomberg's promising candidacy on the defensive, and...
Maryland Lifts COVID-19 Restrictions on Businesses
Starting today at 5pm, various restrictions will be lifted from Maryland businesses. According to Governor Hogan, “We tried to find that balanced position that tried to get people back to work and tried to worry about those small business owners and how do we keep...
Beware of “Drive-By” ADA Lawsuits
In recent years, there has been an increase in “drive-by” ADA lawsuits. These lawsuits focus on businesses that are not compliant with the Americans with Disabilities Act (ADA) because their buildings are inaccessible to people with disabilities. These suits have...
Paycheck Protection Program: Round Two
As we previously blogged, Congress established the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This program was designed to help businesses negatively affected by COVID-19 continue to pay their employees. ...
The Do’s and Don’ts of Political Expression: A Guide for Employers and Employees
With the inauguration of Joe Biden, many employees are now publicly expressing their views on the new President – both positive and negative. This guide will help employees know what sort of protections they have, as well as help employers know when it’s appropriate...
New Litigation Sheds Light on Lingering WARN Act Questions
At the beginning of the pandemic, we blogged about the Worker Adjustment and Retraining Notification (WARN) Act, which requires employers to give advance notice to employees before they are terminated, laid off, or have their hours reduced. In our previous blog, we...
How to Update Your Employee Handbook in the New Year
Now that 2020 is behind us, it’s the perfect time for employers to revisit their Employee Handbooks. 2020 was a difficult time for many employers, and employers should update their policies in light of the lessons they learned over the past year. Telework Policies...
Fourth Circuit Holds That Voluntary Transfers Do Not Constitute “Adverse Actions”
Under the Americans With Disabilities Act (and in employment retaliation cases in general), an employee must be subject to an “adverse action” in order to bring a claim for retaliation. The U.S. Court of Appeals for the Fourth Circuit recently considered whether an...
An Employer’s Guide to the COVID-19 Vaccine
As the COVID-19 vaccine is rolled out over the next several months, employers should start to think about their own vaccine policies. Can Employers Make Vaccination Mandatory? A vaccine is considered a medical procedure under the ADA, and therefore employers can only...