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What to expect (from the Pregnant Workers Fairness Act) when you’re expecting

Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions.  However, for 45 years, the...more

Garnishments 101: A short refresher

Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person...more

New law to offer additional employment protections to pregnant workers, applicants

As part of the comprehensive Consolidated Appropriations Act of 2023, President Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The PWFA, which applies to employers with 15 or more employees, aims to...more

EEOC warns of higher risk of caregiver discrimination in changing world and workplace

The COVID-19 pandemic placed a spotlight on the demands of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic...more

Biden signs Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

In a February 11th article titled Congress passes legislation to end forced arbitration of sexual assault and harassment claims, we alerted employers to new legislation passed by Congress that was aimed at ending forced...more

Congress passes legislation to end forced arbitration of sexual assault and harassment claims

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This legislation specifically provides individuals the choice of whether to arbitrate or take to court disputes...more

OSHA’s dos and don’ts for mandatory COVID-19 testing of unvaccinated employees

Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more

Sixth Circuit lifts stay on vax-or-test mandate for large employers

Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more

Depending on fact-based assessment, COVID may be considered disability under ADA

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Legal challenges to federal vaccine mandates continue

To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more

Healthcare industry’s full compliance now required for OSHA’s emergency temporary standards

The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more

COVID-19: Round-up of recent DOL guidance and developments

The effect of furloughs on FFCRA leave - Due to the financial impact of the COVID-19 pandemic, many employers have had to make the difficult decision to furlough members of their workforce. A furlough is not a layoff or...more

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

EEOC cautions employers when considering actions affecting individuals with underlying medical conditions

On May 5, 2020, the EEOC provided additional guidance to employers on employee accommodation issues that may arise in the context of return to work. The updated guidance focuses on employees who may have an underlying...more

EEOC: Employers permitted to administer COVID-19 tests

On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more

Sexual harassment claims on the rise … and so is EEOC enforcement

In the spring of 2018, the U.S. Equal Employment Opportunity Commission received its first budget increase in over eight years, with Congress approving approximately $16 million for the agency to focus on sexual harassment...more

Confidential sexual harassment settlement payments no longer tax-deductible

In a workplace era that may soon be referred to as “Pre-Weinstein,” employers not only could quietly settle sexual harassment claims by including a nondisclosure agreement that virtually assured the matter would be kept...more

States take pay disparity laws a step further by banning pay history inquiries

Many states already have laws aimed at closing the wage gap. Whether they are couched as pay disparity, pay equity, equal pay, or pay transparency laws, the goal is the same – equal pay to women for equal work. Some states...more

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