Wichita Nondiscrimination Ordinance Now in Effect

As of January 1, 2022, the City of Wichita is now accepting complaints under the Wichita Nondiscrimination Ordinance, which prohibits discrimination in employment, housing, and public accommodations based on several protected classifications, including gender identity and sexual orientation. The ordinance, which was passed by the Wichita City Council on October 12, 2021, offers some enhanced… Continue reading Wichita Nondiscrimination Ordinance Now in Effect

Discriminating Droids: What Employers Should Know About Artificial Intelligence

A growing number of employers are beginning to turn to artificial intelligence to help make hiring decisions. Although some programs may sound like science fiction, they are already being used by companies. For example, some online systems search social media profiles for desirable characteristics to identify candidates for positions. Others use keyword searches of resumes… Continue reading Discriminating Droids: What Employers Should Know About Artificial Intelligence

Side Effects From OSHA’s Withdrawal of COVID-19 Healthcare ETS

Earlier this week OSHA announced its plans to withdraw the substantive aspects of the COVID-19 Healthcare Emergency Temporary Standard (ETS) that was published back in June. This withdrawal will become effective when notice is published in the Federal Register, which we expect to occur within the next week. While the ETS will be officially withdrawn,… Continue reading Side Effects From OSHA’s Withdrawal of COVID-19 Healthcare ETS

Ban the Box Legislation for Federal Contractors Takes Effect

Civil-rights groups across the globe have long advocated for the removal of “checkboxes” on job applications that require applicants to disclose prior convictions. In the United States, the EEOC has often expressed concerns that screening out all applicants with a prior conviction (or even a prior felony conviction) would tend to have a disparate impact… Continue reading Ban the Box Legislation for Federal Contractors Takes Effect

OSHA Vaccine-or-Test Mandate for Large Employers Active Again

On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay previously issued by the U.S. Court of Appeals for the Fifth Circuit blocking Occupational Safety and Health Administration (“OSHA”) from implementing and enforcing its Emergency Temporary Standard (“ETS”) that directs employers with 100 or more employees to mandate… Continue reading OSHA Vaccine-or-Test Mandate for Large Employers Active Again

Court Temporarily Halts Federal Contractor Vaccine Mandate Nationwide

On Tuesday, December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction halting the enforcement of the COVID-19 vaccine mandate for federal contractors and subcontractors in all covered contracts nationwide. Though the lawsuit only included Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia, the court issued… Continue reading Court Temporarily Halts Federal Contractor Vaccine Mandate Nationwide

Court Temporarily Blocks CMS Omnibus COVID-19 Healthcare Staff Vaccination Requirements in Kansas, Missouri, and 8 Other States

 On Monday, Nov. 29, the U.S. District Court for the Eastern District of Missouri issued a preliminary injunction halting the implementation and enforcement of the Centers for Medicare and Medicaid Services (“CMS”) Omnibus COVID-19 Healthcare Staff Vaccination Interim Final Rule in 10 states, including Kansas and Missouri.  The preliminary injunction prohibits CMS from taking further… Continue reading Court Temporarily Blocks CMS Omnibus COVID-19 Healthcare Staff Vaccination Requirements in Kansas, Missouri, and 8 Other States

Kansas Gov. Kelly Signs Bill Banning Firing Employees Seeking Waivers From Mandatory Vaccine Requirements

Kansas Gov. Laura Kelly signed a bill on Nov. 23 that prohibits employers from firing employees who submit a written waiver request to an employer’s mandatory COVID-19 vaccine requirement. The main features of the new law are (1) a prohibition on employers questioning the sincerity of an employee’s waiver request based on sincerely held religious… Continue reading Kansas Gov. Kelly Signs Bill Banning Firing Employees Seeking Waivers From Mandatory Vaccine Requirements

Foulston Labor & Employment Team Recognized by Benchmark Litigation

In this year’s edition of the Benchmark Litigation Labor & Employment rankings, Foulston is listed as the only “highly recommended” firm in Kansas. In addition, nine Foulston attorneys were individually recognized as “Labor and Employment Stars”: Jim Armstrong; Vaughn Burkholder; Boyd Byers; Tara Eberline; Charles McClellan; Forrest Rhodes; David Rogers; Teresa Shulda; and Rachel Wetta. Benchmark Litigation’s… Continue reading Foulston Labor & Employment Team Recognized by Benchmark Litigation