Labor & Employment Law Updates
On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.
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On April 13, 2021, the United States and the State of Pennsylvania and the Pennsylvania State Police filed a joint motion to settle a 2014 sex discrimination lawsuit filed by the U.S. Department of Justice.
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The Unites States House of Representatives recently passed the Equality Act, which expands employment protections to LGBTQ employees under Title VII of the Civil Rights Act.
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A Federal Court in Massachusetts recently held that disciplining employees who wear Black Lives Matter (BLM) face masks to work does not violate Title VII of the Civil Rights Act of 1964 (Title VII).
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The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.
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This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.
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The Eight Circuit Court of Appeals’ high bar for Title VII hostile work environment claims remains after the United States Supreme Court declined to hear the case on December 7, 2020. The Eighth Circuit previously held in Paskert v. Kemna-ASA Auto Plaza, Inc, that a supervisor’s boorish behavior, “while certainly reprehensible and improper,” was not so severe or pervasive to alter the terms and conditions of employment necessary to sustain a Title VII hostile work environment claim.
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The U.S. Equal Employment Opportunity Commission (EEOC) voted on party linesFN1 to publish a proposed update to its Compliance Manual Section on Religious Discrimination (“Updated Manual”), which had not been updated since it was issued more than 12 years ago.
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The Equal Employment Opportunity Commission (“EEOC”) released a proposed rule with modifications to its pre-lawsuit “conciliation” process, intended to encourage resolving employment discrimination actions with employers before the EEOC files them in court.
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According to the New York Times’ Coronavirus Tracker, five COVID-19 vaccines are already approved for early or limited used. As vaccines become approved for full use through further clinical trials, employers may contemplate whether they can make vaccines a mandatory condition of employment.
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Following in the footsteps of several states, including Colorado, that have protections for employees from workplace discrimination based on sexual orientation and gender identity, the U.S. Supreme Court ruled this week that federal law Title VII of the Civil Rights Act of 1964 (“Title VII”) protects LGBTQ employees from employer discrimination.
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An African-American woman who described her employment as “satisfying” and a “great experience” in her resignation letter could not prove a hostile work environment/constructive charge claim (that is, that workplace harassment was so severe, based on her race, that she was forced to quit), the Fourth Circuit Court of Appeals has ruled.
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The U.S. Supreme Court ruled unanimously that federal courts have the power to review discrimination and retaliation claims brought under Title VII of the 1964 Civil Rights Act (“Title VII”) even if the plaintiff did not first file a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") or an equivalent state agency.
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The Supreme Court has decided to consider one of country’s biggest workplace law issues—whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination based on sexual orientation or gender identity.
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A federal appeals court has held that a plaintiff claiming intentional workplace discrimination must prove her employer treated her worse than co-workers outside her protected class who were similar to her “in all material respects.”
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A restaurant franchisee must pay $1.5 million to a female employee for denying her a private place to express breast milk, under a recent Delaware jury award.
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A federal appeals court has held that false rumors about a female employee sleeping with her male boss for a promotion can subject an employer to liability under Title VII of the Civil Rights Act of 1964 (“Title VII”).
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An employer did not violate federal law by firing an employee for copying confidential coworker personnel files in an effort to support her discrimination claim, the Fourth Circuit Court of Appeals ruled. The court in Netter v. Barnes rejected the plaintiff’s argument that stealing confidential personnel files for the purpose of proving a discrimination claim is protected conduct under Title VII of the Civil Rights Act of 1964 (“Title VII”).
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Plaintiffs bringing failure-to-accommodate claims under the Title VII of the Civil Rights Act of 1964 (“Title VII”) based on religion must prove they suffered an adverse employment action such as a termination, demotion, or decrease in pay, under a recent federal district court case in Colorado.
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