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EEOC Reports Record Recovery and Decrease in Pending Charges

The Equal Employment Opportunity Commission (“EEOC” or the “Agency”) recently released its annual financial report for the 2020 fiscal year. Relevant highlights from this report include discussion of a research study was commenced to determine whether there is a correlation between unemployment during economic downturns related to COIVD-19 and EEOC charge filings the EEOC’s continued...… Continue Reading
December 7, 2020

COVID-19 Employment Litigation Update

Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000.   For a detailed analysis, please see our colleagues’ article by clicking here.… Continue Reading
November 18, 2020

Coming Soon for 2021: EEOC to Update Its Compliance Manual Regarding Religious Discrimination

After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination.  Once published, it will be open and available for public comment.  According to the EEOC, the updated guidance will reflect recent legal developments and emerging issues under...… Continue Reading
November 12, 2020

Tenth Circuit: No Adverse Action Necessary to Prove a Violation of the ADA’s Accommodation Requirements

The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act (ADA).  Exby-Stolley v. Board of County Commissioners.  Plaintiff alleged that the employer failed to accommodate her physical limitations, which stemmed...… Continue Reading
November 11, 2020

Michigan Executive Order Clarifies COVID-19 Standard

On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick.  However, the Executive Order redefines the “principal symptoms of COVID-19” as follows: The principal symptoms of COVID-19 are...… Continue Reading
September 10, 2020

USDOL Office of Inspector General Reports Rise in OSHA Whistleblower Claims During COVID-19 Pandemic

On August 14, 2020, the U.S. Department of Labor Office of Inspector General (“OIG”)—the Department’s watchdog—released a report finding that the COVID-19 global pandemic has significantly increased the number of whistleblower complaints received by the Occupational Safety and Health Administration (“OSHA”).  OSHA’s Whistleblower Program enforces 23 statutes that prohibit employers from retaliating against employees when...… Continue Reading
August 31, 2020

California 2020 Mid-Year Legal Update This Wednesday July 29

The legal landscape has changed radically since the start of 2020. While COVID-19 has profoundly impacted the Golden State, and the world, new employment laws are still driving change for California employers. Join Jackson Lewis P.C. on Wednesday July 29 at 10:00 a.m. PST for a mid-year employment law webinar, where we will share critical...… Continue Reading
July 27, 2020

Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work.  The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing.  In adding Question A.7, the EEOC...… Continue Reading
June 29, 2020

Pandemic Leads to Accommodation Claims under Federal and State Laws

The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA).  While the number of filings was not disclosed, the New York...… Continue Reading
June 22, 2020

Supreme Court Rules Title VII Protects LGTBQ+ Employees From Employment Discrimination

In a landmark ruling, the United States Supreme Court ruled that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964.  An article by our colleagues discussing the case and its implications can be read here.  A copy of The Court’s decision can be accessed here.    … Continue Reading
June 15, 2020

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