On March 3, 2022, President Joe Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” commonly referred to as the “Me Too” law. The act, which amends the Federal Arbitration Act and becomes effective immediately, prevents employers from utilizing employment agreements that require mandatory arbitration of workplace… Continue reading Federal “Me Too” Law Signals End of Forced Arbitration of Sexual Harassment and Assault Claims
Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation
A new court ruling serves as a good reminder about the importance of engaging in an interactive dialogue with employees to determine reasonable accommodations for employees with disabilities – including a possible reassignment accommodation – and providing clear and consistent employment decisions. Facts In this case, an employee sued his former employer, alleging that it… Continue reading Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation
EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
On November 17, 2021, the EEOC updated its COVID-19 technical assistance to include a section covering retaliation. This guidance mostly recaps existing retaliation protections, but it does provide some helpful examples of retaliation springing from the COVID-19 context. Retaliation is consistently one of the most frequently pled claims with the EEOC and corresponding state antidiscrimination… Continue reading EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
Vaccine Mandates: Where are we now?
On January 25, the Occupational Safety and Health Administration (“OSHA”) announced that it was withdrawing its Emergency Temporary Standard (“ETS”), which required that employers with 100 or more employees require their employees to be vaccinated or undergo weekly testing for COVID-19. OSHA’s retreat followed a ruling from the U.S. Supreme Court that sent the case… Continue reading Vaccine Mandates: Where are we now?
Register Now for the 2022 Employment Law Institute (Webinar Series)
Save the date(s)! We have again packaged our usual one-day live seminar into a series of webinars to cover the same variety of topics, but delivered to your desktop in bite-sized sessions. Plan now to join us every Thursday in April for the 2022 Employment Law Institute (Webinar Series). Registrants will receive downloadable materials to… Continue reading Register Now for the 2022 Employment Law Institute (Webinar Series)
New Government Contractor AAP Verification Process Coming?
Last fall, the Office of Federal Contract Compliance Programs (“OFCCP”) received approval from the Office of Management and Budget (“OMB”) to implement a new online platform — the Affirmative Action Program Verification Interface (“AAP-VI”) — to collect information from covered federal contractors (including covered subcontractors) regarding their affirmative action programs. The proposed AAP-VI consists of… Continue reading New Government Contractor AAP Verification Process Coming?
Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA
Today the U.S. Supreme Court issued two rulings related to the Biden Administration’s vaccine mandates for employees of certain businesses. First, the Court blocked OSHA’s implementation of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) for large businesses and sent the matter to the Sixth Circuit Court of Appeals to reach a decision on… Continue reading Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA
New Year’s Resolutions for HR
If you are like most people, you are now a couple of weeks into the new year with a variety of resolutions such as losing weight, getting fit, eating healthier, or getting organized. Without impeding your opportunity for success on your personal resolutions or curing the skeptics who refuse to partake in such resolutions, consider… Continue reading New Year’s Resolutions for HR
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
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