EEOC Clarifies Religious Exemptions

The US Equal Employment Opportunity Commission (EEOC) this week issued two new guidance clarifying employer and employee obligations regarding religious exemptions from COVID-19 vaccinations. Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in the workplace, allows for employees to request an exception from certain employer requirements when that requirement conflicts…

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EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

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Other Changes to Note

Aside from minimum wage increases, the calendar is replete with different changes on a seemingly monthly basis that you need to be aware of. Among these, we would point out that a change in employment law took effect yesterday in the Commonwealth of Virginia imposing a requirement that most employers must now include information in…

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A Vaccine on the Way?

As we enter flu season, and likely with a COVID-19 vaccine on the horizon from at least two different pharmaceutical firms, employers should be mindful of compliance concerns regarding employees being required to receive certain vaccinations. For those who missed yesterday’s CFA Webinar (COVID-19 Sticking Points: Mandatory Vaccinations and Other Developing Issues) featuring attorneys from…

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Pregnancy Accommodation Mandates

The U.S. House of Representatives passed legislation a few weeks ago that mandates businesses provide further accommodations for the convenience of pregnant employees. Although the Pregnancy Workers Fairness Act (H.R. 2694) has yet to pass the Senate and may never, in fact become law, it was passed by the House with overwhelming bipartisan support in…

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Virginia Law Changes with Flip of the Calendar

As we’ve advised in past issues, the turn of the calendar often ushers in new changes in state and local laws that we all must be aware of, but that is especially true when we flip from June to July. Last week we advised of a number of changes coming July 1 in state and…

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EEOC Posts then Pulls New Guidance

You had to look quickly this week if you wanted to see the Equal Employment Opportunity Commission’s new guidance on accommodating employees with medical conditions in the age of the coronavirus pandemic. The agency posted an updated guidance on Tuesday, May 5 and shortly after posting, pulled the guidance down because it was being “misinterpreted…

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More Involvement Required on Accommodations

Staying in New York for the moment, New York City’s expansion of the reasonable accommodation requirement takes effect the following week on October 15, 2018. More specifically, a January amendment to the New York City Human Rights Law (NYCHRL) requires that employers with four or more employees engage in a detailed “cooperative dialogue” with any…

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Employment Law Traps Abound

Whether the NLRB remains in business or not, the plethora of traps that unwitting small businessmen and women can find themselves caught in shows no signs of shrinking. Here are a couple of issues to ponder. Under recent court rulings in both Connecticut and Massachusetts, employers may be sued for not making a reasonable accommodation…

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When Is Reasonable Reasonable?

As we’ve cautioned in the past, the Americans with Disabilities Act is a federal law to which small business owners must pay particularly close attention. We’ve advised in prior issues of so-called “drive-by lawsuits”, where individuals use the ADA as a club by which to extort settlements from business owners. But, the law has real…

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