The Return to the Office May Spur Harassment, ADA Claims

Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…

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Should Job Seekers Disclose Their Vaccination Status Upfront?

As more companies consider establishing a vaccine mandate, a trend is taking shape: Job seekers are promoting themselves as “Fully Vaccinated” on applications, resumes and LinkedIn profiles to stand out. Some experts are beginning to say that vaccination status is a must-have line item on resumes and LinkedIn profiles as employers prepare for regulations that…

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Service Animals and Emotional Support Animals in the US: What Do You Need to Know?

What obligations do businesses and, in particular, the air transport industry have in the US in relation to accommodating service and emotional support animals? Executive Summary Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public, like…

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Ordering All Employees Back to Work? Not So Fast, Says the EEOC

As vaccination rates increase and the COVID-19 pandemic (hopefully) subsides, many employers have instructed their employees to return to in-person work. But is that the right call for all employees? In one recent case, the U.S. Equal Employment Opportunity Commission (EEOC) has said no. Factual Background On September 7, 2021, the EEOC filed suit in…

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OFCCP Reopens Door to Request Employers’​ Reported Pay Data

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs rescinded Sept. 2 a Trump administration notice that it did not intend to request, accept or utilize pay data collected under Component 2 of EEO-1 forms. In November 2019, OFCCP announced that it would not request, accept or use Component 2 data collected as part of…

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As COVID-19 Cases Rise Again, New Federal and State Health and Safety Rules Diverge Dramatically

Employers are having to keep on their toes when it comes to protecting employees from COVID-19. Shifts in the outbreak continue to drive rapidly changing workplace health and safety rules in the Pacific Northwest, and this is leading to dramatically different requirements being imposed by federal and state authorities. No sooner had many employers considered…

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Timing Matters – Failure to Respond and Act Promptly Can Create Liability

A recent case emphasizes the importance of timing – both in terms of reacting to reports of employee misconduct and in imposing discipline (particularly termination). As the U.S. Court of Appeals for the Eighth Circuit recently found, terminating an employee, based on conduct that occurred months earlier, shortly after they complain of discrimination certainly seems…

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FDA Approval of Pfizer-BioNTech Vaccine Provides Cover for Employer Mandates

In a milestone for the public health response to the ongoing pandemic, regulators from the U.S. Food and Drug Administration issued Monday full approval of the first COVID-19 vaccine. The two-dose mRNA vaccine produced by Pfizer and BioNTech has been available to individuals 16 years of age and older under the FDA’s emergency use authorization since…

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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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