These six will get the EEOC's attention in 2024-28.
Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more
9/29/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Bias ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Hiring & Firing ,
LGBTQ ,
Pregnancy ,
Retaliation ,
Salary/Wage History ,
Strategic Enforcement Plan ,
Vulnerable Victims
You have an unlikely ally.
A lot of employers are still trying to get their employees to come back to the office, with varying degrees of success.
Once an employee loses the commute, and can work with both feet up, take a...more
Nothing you wouldn't already have figured out.
This is not the most exciting employment law news, but the Equal Employment Opportunity Commission has issued some updates to its technical assistance on COVID-19. According to...more
On Tuesday, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case I blogged about in January. The case is about what standard of "undue hardship" should apply in religious accommodation cases.
Under every...more
4/21/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Religious Accommodation ,
Religious Beliefs ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Uniformed Services Employment and Reemployment Rights Act (USSERA) ,
USPS ,
Vaccinations ,
Wage and Hour
Even if the employee doesn't qualify.
Picture this. You ask your boss whether you can take leave under the FMLA. Your boss asks why you want the leave, and you say your cat is sick.* It's your favorite cat. Your boss...more
And, for that, we should be grateful.
This week, the U.S. Equal Employment Opportunity Commission updated its guidance on COVID-19 and the laws that the agency enforces. In my opinion, it's pretty unremarkable....more
Second post in our series.
NOTE FROM ROBIN: Last month, I posted the first in what will be a series of very basic explanations of the federal laws that govern the workplace.
I could not resist having religious...more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
With emphasis on the pandemic.
On Monday, the Equal Employment Opportunity Commission issued updated guidance on “caregiver discrimination” in the workplace. The guidance emphasizes pandemic-related issues, but it is not...more
The questions that people send to advice columns!
"I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?"
"My boyfriend cheats on me...more
The Occupational Safety and Health Administration officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today.
The government has also asked that the ETS litigation (NFIB v. U.S. Department...more
Where does OSHA go now?
The Occupational Safety and Health Administration, I'm sure you've heard, officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today...more
Two justices flip to the other side.
The Supreme Court voted 5-4 today to stay two injunctions that were keeping a vaccine mandate issued by the Centers for Medicare & Medicaid Services from taking effect in 25 states...more
I won't be as giddy as I was yesterday.
As almost everyone knows, the U.S. Supreme Court yesterday reinstated a stay on the "vax-or-test" mandate issued by the Occupational Safety and Health Administration. As a result,...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While we wait.
I was really hoping that by yesterday the Supreme Court would have stayed the Emergency Temporary Standard that was issued by the Occupational Safety and Health Administration. Maybe today?...more
1/11/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Masks ,
Oral Argument ,
OSHA ,
Popular ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Supreme Court argument on OSHA ETS starts at 10 a.m. ET.
The U.S. Supreme Court will hold oral argument today at 10 a.m. Eastern on the COVID-19 vaccination Emergency Temporary Standard issued by the Occupational Safety...more
Let's start off 2022 with a bang!
On Friday, January 7, the U.S. Supreme Court will hear arguments on two of the Biden Administration's COVID-19 vaccination mandates -- the Emergency Temporary Standard issued by the...more
12/23/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Healthcare Workers ,
Joe Biden ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing
The Emergency Temporary Standard issued by the Occupational Safety and Health Administration was stayed on November 6, but the stay was lifted on Friday night. Opponents of the ETS immediately asked for Supreme Court...more
Opponents of the ETS have requested Supreme Court review.
In a decision issued last night, the majority of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit upheld the Emergency Temporary Standard on...more
This week in Vaccine Mandate/Injunction Land.
Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more
12/17/2021
/ Appellate Courts ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Home Healthcare Workers ,
OSHA ,
Preliminary Injunctions ,
Subcontractors ,
Vaccinations
From my blog inbox . . .
"DEAR ROBIN: I am 8 years old.
"Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act.
"Papa says, 'If you see it in EMPLOYMENT AND LABOR...more
This week's vaccine wisdom (subject to change at any time).
Is my company required to mandate vaccinations for employees?
Possibly. Apart from the mandate for federal employees, there are three types of COVID vaccination...more
12/3/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Facilities ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations
Wild times.
The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):...more
This post may become obsolete in the next five minutes.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a new vaccine mandate decision yesterday, declining to lift the stay it had issued on...more
Well, that was fast.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has granted an emergency stay of the Emergency Temporary Standard that was formally issued Friday by the Occupational Safety and...more