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Supreme Court of the U.S. Building

Marielam1, CC BY-SA 4.0, via Wikimedia Commons

Last year, the Supreme Court ruled 6-3 in Bostock v. Clayton County that an employer who fires an individual merely for being gay or transgender has discriminated based on sex in violation of Title VII of the Civil Rights Act of 1964.  Yesterday, the Supreme Court declined to address the Fourth Circuit’s decision in G.G. v. Gloucester County School Board, where the appellate court ruled that under Title IX of the Education Amendments Act of 1972, transgender students may use the bathroom that corresponds to their gender identity. Otherwise, the school is discriminating based on sex.

While Bostock has nothing to do with bathrooms and G.G.  has nothing to do with the workplace, I think you can see where I’m going here.

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Greeting-figure-in-mirror

MikeRun, CC BY-SA 4.0, via Wikimedia Commons

I really wanted to use the Spiderman meme here. But to avoid any potential copyright issues, please accept this cheaply executed facsimile — not in counterparts — instead. And here is some music to hammer the point home. Continue reading

 

In anticipation of the triumphant return of The Employer Handbook Zoom Officer Hour on Friday, June 25 at Noon Eastern, when we’ll focus on answering all of your COVID-19 return to work questions, it struck me that one of the big issues is COVID-19 itself. Specifically, is COVID-19 a disability under the Americans with Disabilities Act?

If you haven’t done so already, go ahead and register here for this free event. And below, I’ll provide a sneak preview of how one court resolved whether COVID-19 is an ADA disability.

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Last Wednesday, as part of the U.S. Equal Employment Opportunity Commission’s EXCEL Conference, three of us (me and two of the EEOC’s education and outreach coordinators) gazed into our crystal ball to predict some of the issues that employers will face as more employees return to the workplace. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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