Requiring Proof of Vaccination? What You Need to Know

In connection with the recent surge in COVID-19 cases caused by the Delta variant, many businesses have begun to require that employees—and sometimes contractors, volunteers and patrons—provide proof of vaccination. This may come in the form of requests for voluntary disclosure, or in connection with employer vaccine policies, or pursuant to newly issued mandates from…

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Motorcycle Dealership Sales Manager Wins $500K in Sex Discrimination Suit

Backed by the U.S. Equal Employment Opportunity Commission, a female sales manager at a Harley-Davidson dealership based in Tampa, Florida, won $500,000 in punitive damages after being denied a promotion based on her sex, in violation of Title VII of the Civil Rights Act of 1964. A jury of eight unanimously found in her favor. According to…

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EEOC Makes Final Extension to EEO-1 Reporting Deadline

Covered employers now have until Oct. 25 to file their 2019 and 2020 EEO-1 reports, according to a recent announcement from the U.S. Equal Employment Opportunity Commission (EEOC). Although the reporting deadline has been delayed several times during the COVID-19 pandemic, the agency said it will not authorize any more extensions. The EEOC cited “the continuing impact…

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’90s-Era Sexual Harassment Training Won’t Cut It Anymore

Sexual harassment trainings may leave out guidance for digital interactions and tend to be heteronormative, experts say. Undeniably, workplace sexual harassment is top of mind. Employees at Activision Blizzard rallied together earlier in the year to expose their workplace’s alleged “frat boy culture.”California’s Department of Fair Employment and Housing filed a civil suit, which included…

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Walmart Applicant Alleges Retailer’s Criminal History Test is Discriminatory

Walmart’s criminal history screening process is overly broad, in violation of Title VII of the Civil Rights Act of 1964, an applicant alleged in a proposed class-action lawsuit (Ramos v. Walmart, Inc., No. 21-cv-13827 (D.C.N.J., July 19, 2021)). The store fails to assess whether an applicant’s convictions are job-related, the plaintiff said. Furthermore, Walmart’s process…

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Employers React to Workers Who Refuse Vaccination as COVID-19 Cases Rise

As mandatory COVID-19 vaccines become more widespread, many employers are asking what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine and others are requiring unvaccinated employees to submit to weekly testing and take other safety precautions. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that…

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Calculating the ARP COBRA Premium Subsidy Tax Credit

On May 18, 2021, the IRS released Notice 2021-31 (the “Notice”) providing guidance on the temporary 100% COBRA premium subsidy under the American Rescue Plan Act of 2021 (“ARP”). The Notice addresses how to calculate the premium subsidy and the corresponding tax credit available to premium payees, as well as the rules for claiming the tax credit.…

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EEOC Issues New Guidance for Employers on COVID-19 Vaccinations in the Workplace

On May 28, 2021, the U.S Equal Employment Opportunity Commission (EEOC) issued new guidance seeking to clarify significant questions regarding mandating vaccines for employees, reasonable accommodation, and employee incentives for vaccination. In considering mandatory vaccination policies in the workplace, the EEOC advised employers to be mindful of whether certain employees may face greater barriers to…

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Federal Court Allows ACLU Pregnancy Discrimination Case to Move Forward

A federal court determined July 14 that the American Civil Liberties Union can move forward with a lawsuit against Frontier Airlines, alleging the company discriminated against pregnant and breastfeeding employees. Frontier Airlines had requested the court dismiss the case. In its complaint filed on behalf of four Frontier employees and “all others similarly situated,” (Hodgkins, et al,…

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