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The Employer Handbook BlogWhat a 🥴 private school in Florida can teach us about COVID-19 medical accommodations
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While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show.
Articles Posted in Discrimination and Unlawful Harassment
The EEOC updated its COVID-19 vaccination guidance for employers
Without any fanfare or press release (sigh), the U.S. Equal Employment Opportunity Commission updated its list of frequently asked questions entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
The update is limited to guidance on vaccinations. So, you’d think that it would be easy to tell what the EEOC updated.
Yeah, you’d think that.
These employees actually convinced a court to block a workplace COVID-19 vaccine mandate. But how???
Image by torstensimon from Pixabay
Ever since a federal judge in Texas upheld a workplace COVID-19 vaccine mandate back in June, the consensus among judges and lawyers was that employers could require workers to get a COVID-19 shot as a condition of employment.
But, recently, the State of New York was accused of taking its vaccine mandate for hospital and nursing home staff to the next level. Continue reading
Telework as a reasonable accommodation seems to be a trend. Except when it’s not.
An employer has a policy that permits employees to work remotely one day every two weeks. An employee with a disability (PTSD and anxiety disorders) requests to work remotely twice per week and work weekends to make up for any lost time.
That seems like a reasonable accommodation.
Or not so much, according to a recent Tenth Circuit Court of Appeals opinion. I’ll explain to you why. Continue reading
For the love of Zihuatanejo, please let your employees use the restroom when they need it.
daveynin from United States, CC BY 2.0, via Wikimedia Commons
Do you remember that scene in The Shawshank Redemption where Morgan Freeman’s character ‘Red’ is working the checkout line at a local grocery store? After he finishes bagging someone’s items, he looks over at his manager and says, “Restroom break, boss?”
The manager then motions Red over and tells him, “You don’t need to ask me every time you need to go take a piss. Just go, understand?” Continue reading
NJ is doing more NJ things by beefing up its age discrimination rules for hiring and promotions
Famartin, CC BY-SA 4.0, via Wikimedia Commons
Earlier this week, Governor Phil Murphy announced that he had signed A681 into law, which expands the scope of the Law Against Discrimination (LAD) — already one of the most comprehensive anti-discrimination laws in the country — by providing protections against age discrimination by employers.
Hey, I’m not complaining. Changes like these will help pay to put my kids through college. But let’s see what this latest amendment is all about. Continue reading
EEOC alleges that what this company did was dumb and dumber (and also age discrimination)
Image Credit (Insomnia Cured Here on Flickr) //embedr.flickr.com/assets/client-code.js
If what I’m about to share with you is true, this employer needs to whip out its checkbook and settle this EEOC lawsuit right away before things go from bad to worse. Continue reading
Your business may not be in the clear yet from those early-pandemic discrimination claims
The original uploader was Bando26 at English Wikipedia., CC BY-SA 3.0, via Wikimedia Commons
I’ve got good news and bad news. Continue reading
Now, the CDC strongly recommends urgent action to vaccinate pregnant women. But, what about accommodations?
pregnant woman by Adrien Coquet from the Noun Project
Days Since Last COVID-19 Mandatory Vaccination Post: One Zero. Continue reading
Lesbian coach is reinstated after outpouring of support from students, parents, and alums
Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons
Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position.
Serendipitously, I just read a story about a lesbian seeking to become a women’s lacrosse coach at a Catholic high school. The school initially withdrew the offer. But, this story has a happy ending. Continue reading