Is a Genetic Mutation a Disability? The Sixth Circuit Says Maybe.
Is a genetic mutation disability?  Specifically,  is the genetic mutation known as a BRCA1 mutation (Angelina Jolie revealed that she has this mutation) a “disability” under the Americans with Disabilities Act (ADA) even though the employee has not yet developed breast cancer?  In a case of first impression, the Sixth Circuit Court of Appea...
Testing Employees for COVID-19: What Employers Can and Cannot Do
COVID-19 is still among us. Indeed, there are areas of the country where COVID-19 cases are surging.  In those areas especially, employers want to minimize the spread of the virus to other employees and customers or clients. So what tests can an employer require from employees to determine whether they have COVID-19?
Who is the Equal Opportunity Harasser and Why Do We Care?
Who is the Equal Opportunity Harasser? It is the person who asks both men and women questions about their favorite sexual positions. The person who tells jokes that offend pretty much every ethnic group. The manager that screams at everyone and takes special delight in making employees cry. Basically, this is a person who is a complete jerk and a bully.
OSHA Has Issued Guidance for Returning to Work From COVID-19 Restrictions–Who in Your Workplace Will Make Sure That It is Implemented?
As COVID-19 restrictions ease, businesses are reopening and employees are returning to work. To assist employers and workers in safely returning to work and reopening businesses deemed by local authorities as “non-essential businesses” during the evolving COVID-19 pandemic, on June 17, 2020, OSHA issued some new Guidance on Returning to Work for...
Words and Actions: How Employers Should Respond To The Supreme Court Decision on LBGTQ Employment Rights
As everyone should be aware, this week, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964, as amended, prohibits covered employers from discriminating against employees or applicants on the grounds of sexual orientation, sexual identity, and transgender status. This is a pretty big deal in the employment law world and presents a n...
U.S. Supreme Court Rules That Title VII protects LGBTQ Workers from Discrimination
Today, the U.S. Supreme Court issued a highly anticipated Opinion in three cases which asked the question of whether Title VII of the Civil Rights Act of 1964, as amended, protects LGBTQ workers from discrimination. The Supreme Court, in a 6-3 majority, ruled that it does.
OSHA Requires More Employers to Determine Whether Employee COVID-19 Cases are Work-Related
Remember when we told you that only health-care employers, corrections facilities, and emergency-response providers were required by OSHA to determine whether an employee’s COVID-19 was work-related?  Well, other types of businesses had better pay attention because OSHA has issued some new guidance that expands the recording of COVID-19 cases.
Pregnant Woman Looking at the stars
As we prepare for a possible post-coronavirus baby boom, it’s a good time to look at the Pregnancy Discrimination Act. Some employers have carved out light duty jobs that are reserved for workers who have suffered work-related injuries.  These jobs are used to transition injured workers off of workers’ compensation benefits and back to work.  H...

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