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On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (https://bit.ly/TheEmployerHandbookYouTube)  — I asked them to raise their hand if they thought that the ETS would ultimately survive judicial scrutiny.

No one did. Continue reading

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form by Jason Tropp from the Noun Project

Before I tell you which COVID-19 religious accommodation form you need to trash right away, don’t forget that today is the big, free live Zoom on the new OSHA vaccine-or-test mandate. Join me and my partners Amy Epstein Gluck, David Renner, Sid Steinberg, Gordon Berger at Noon ET. Register here (https://bit.ly/OSHAETSZoom). Continue reading

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Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. Continue reading

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Image Credit: PublicDomainPictures.Net (Judge Gavel)

Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for religious liberties and other matters arising from its decision.

Last week, a Texas federal court filled that gap by concluding that certain religious organizations are permitted to refrain from employing those who engage in conduct that violates their sincerely held religious beliefs. Continue reading

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Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration)

The short answer is no.

The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting it to the applicant. Continue reading

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In September, the State of Arizona sued President Biden to stop his vaccination mandate for private employers. Since then, several other states have threatened to sue to stop the mandate. But, no one knows yet what exactly the OSHA Emergency Temporary Standard is going to say. So, other lawsuits against the private employer ETS have not yet followed.

However, an Executive Order requires that employees of certain federal contractors get vaccinated by early December. And that has prompted 19 states to file 4 separate lawsuits against President Biden and others to block the EO. Continue reading

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