News & Analysis as of September 20, 2024

Occupational Safety and Health Administration

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on 10/8/2021

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Combatting COVID-19 Anti-Asian Violence in the Workplace

Jackson Walker on 7/27/2021

On May 20, 2021, the United States government enacted the COVID-19 Hate Crimes Act, which created a “designated coordinator at the Department of Justice (DOJ) to expedite the review of reported hate crimes and hate incidents...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Littler on 3/22/2017

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

EEOC and OSHA Provide Guidance to Employers on Transgender Rights in the Workplace

Conn Maciel Carey LLP on 5/6/2016

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

What You Need to Know About Accommodating Transgender Employees

McNees Wallace & Nurick LLC on 6/17/2015

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

Epstein Becker & Green on 6/15/2015

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

OSHA Issues Guidance on Transgender Workers and Workplace Restrooms

Hinshaw & Culbertson LLP on 6/11/2015

For those savvy employers staying ahead of the curve, here’s something new: OSHA has published a “Best Practices” guide addressing restroom access for transgender workers. To be clear, as “guidance,” the OSHA publication is...more

U.S. Supreme Court Issues Two Key Title VII Rulings

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2013

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

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