Articles

social media blocks indoors
I was looking around a popular business-oriented social media site, and the content that some companies posted caught my trained employment lawyer’s eye. One, in particular, posted a lot of photos of employees who were all uniformly young (in their 30s and younger), energetic, and white.
scary storm coming
Last week, an EF-3+ tornado touched down in the city where I live, so it is not surprising that the concept of disaster preparedness is on my mind. (Thankfully, my family and I suffered no damage). Is your business prepared if a disaster were to strike? And is your business required by OSHA to have a written emergency action plan?
country club, pooring wine, outdoors
It’s Women’s History Month, so it is a good time to talk about avoiding sex discrimination in the workplace. This topic came to me by way of a personal experience. It recently came to my attention that a male opposing counsel in a large litigation matter sent an invitation to join him and his trained dogs on a bird hunt. However, the invitation was sent ...
red chair on green grass, outdoors
The Americans With Disabilities Act (ADA) prohibits discrimination against persons with disabilities. What sets it apart from other anti-discrimination statutes is the requirement that an employer provides reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the emplo...
woman's head pressed down on table by a man indoors
A rare bipartisan effort has brought us a new federal law that was enacted in response to the #MeToo movement. This new law will prohibit companies from forcing employees to use arbitration, rather than the courts, to resolve cases involving sexual harassment or sexual assault in the workplace.
thank you for social distancing, sign
Today, the U.S. Department of Labor announced the final nail in the coffin of the OSHA COVID-19 Emergency Temporary Standard (ETS). Specifically, the DOL announced that it will withdraw the COVID ETS, effective January 26, 2022. This comes after the U.S. Supreme Court stayed enforcement of the OSHA ETS on January 13, 2022, which guaranteed the ETS’ demise...
viles of vaccines indoors
Yesterday, we received decisions from the US Supreme Court on the status of the OSHA COVID-19 ETS and the CMS vaccine mandate for healthcare workers. As I predicted, the OSHA ETS has been stayed, and the CMS mandate has been allowed to go forward.
hammer smashing food, indoors
OSHA will begin enforcing the provisions of the OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) starting today, January 10, 2022. However, it will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compli...
man holding a gift behind his back
Yesterday, the U.S. Supreme Court announced that it will hold a special session on January 7, 2022 to hear arguments regarding whether to stay the OSHA Emergency Temporary Standard (ETS) vaccine or test rule and the Center for Medicare and Medicaid Services (CMS) vaccine mandate for healthcare workers. It is unusual for the Court to hear arguments (rather...
vaccine needles all pointing at red covid virus in the middle
Legal challenges to the Biden Administration’s COVID-19 vaccine mandates are working their way quickly through the federal court system. With new rulings being issued on days, nights and weekends, it is hard to keep with which mandates are stayed and which are not. So here is a quick overview of where we are right now:
Patient indoors with an IV line
Today, the EEOC issued some new guidance that purports to clarify circumstances in which COVID-19 may or may not cause effects sufficient to meet the definition of “actual” or “record of” a disability for various purposes under Title I, as well as section 501 of the Rehabilitation Act. However, finding clarity on anything related to the ADA is a challenge...

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