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Employment Law

No, you can’t order a blanket ban on certain meds

04/30/2020
At the heart of the ADA is the rule that reasonable accommodations must be based on an individualized assessment of a disabled employee’s medical condition and the requirements of his or her job. Employers cannot make blanket determinations that disabled workers are unable to perform their jobs based on their diagnoses—or the medicines they use.

Root out all demographic hiring preferences

04/30/2020
We all know hiring managers shouldn’t discriminate against some candidates because of protected characteristics. It’s just as unlawful for them to favor certain candidates because they belong to a particular ethnic group or nationality.

Lack of right-to-sue letters isn’t good news

04/30/2020
In response to the coronavirus pandemic, the EEOC has temporarily stopped issuing right-to-sue letters, which give employees the greenlight to file discrimination and harassment lawsuits against their employers. When business starts up again, expect a flood of discrimination and harassment litigation.

EEOC: CDC safety guidelines don’t violate ADA

04/28/2020
Employers are free to ask employees and job applicants if they have symptoms of COVID-19, screen them for illness and make them stay home if they test positive, according to the EEOC.

#MeTooLate? Policy change won’t always stop lawsuits

04/23/2020
When the #MeToo movement exposed pervasive sexual harassment in corporate America, the board of directors at McDonald’s implemented anti-harassment policies that went far beyond what the law requires. Too bad that wasn’t enough to prevent what could prove to be a massive harassment lawsuit.

Beware retaliation following OSHA complaint

04/23/2020
The Occupational Safety and Health Act affords great protection to employees who report dangerous working conditions to the authorities. That has become an issue in the coronavirus era—and a potentially significant source of liability for employers who continue to operate as usual.

Don’t let assistive technology affect hiring

04/23/2020
Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

DOL: No pause in wage-and-hour lawsuits

04/23/2020
Don’t expect a decline in lawsuits during the coronavirus pandemic. Be sure you continue to follow all your usual protocols for responding to EEOC complaints, subpoenas and other legal notices.

Pandemic: Beware backlash after discipline

04/23/2020
Employees at several Amazon facilities have staged walkouts to protest working conditions they fear place them at high risk of contracting the coronavirus. The company’s heavy-handed response to the protests has generated ill-will and bad press.

NLRB: Union elections resume

04/21/2020
National Labor Relations Board regional offices have begun processing and conducting union representation elections following a brief hiatus in late March and early April.