Five Potential Signs of Sex Discrimination

Sex discrimination is one of the most common kinds of discrimination faced by employees in the workplace, but it is also one that often takes a variety of different forms. While most people know to look for issues like non-consensual physical contact or the use of gendered slurs towards women, other sex discrimination issues can easily go unnoticed. Look for these five signs of potential sex discrimination at your workplace: Continue reading “Five Potential Signs of Sex Discrimination”

When Are Opioid Users Protected by Anti-Discrimination Law?

Addiction to opioids is a prevalent problem that affects people from every economic class and social background, and which remains a major public health problem. In addition to issues with physical and psychological health, people who are dealing with opioid addiction often face problems at work when their problems become revealed. To address these issues, the Equal Employment Opportunity Commission (EEOC) has issued guidance to employers and healthcare providers about potential implications of the Americans with Disabilities Act (ADA) on handling employees dealing with current or past opioid addiction. Continue reading “When Are Opioid Users Protected by Anti-Discrimination Law?”

SCOTUS Upholds Religious Objection to ACA Contraceptive Mandate

In a recent decision by the Supreme Court of the United States, it was held that the religious exemption to the Affordable Care Act’s (ACA) contraceptive mandate applied to all businesses with a religious or moral objection, not merely churches or other religious orders. This ruling could have a significant impact on healthcare benefits for employees around the country and could have other implications in related fields of law. This case is part of a growing trend by the court that has granted ever greater religious freedoms to employers, often at the expense of their employees. Continue reading “SCOTUS Upholds Religious Objection to ACA Contraceptive Mandate”

Mandatory Tests for Antibodies Not Permissible According to EEOC

The Equal Employment Opportunity Commission (EEOC) has clarified a rule with respect to employers testing their employees for COVID infection. While it is permissible for an employer to test if an employee is currently showing signs of coronavirus infection, it is not permissible to test if they have COVID antibodies. This is an important distinction to make as people begin to return to work and the coronavirus continues to be a threat, even in places like New York where infections have leveled off. Continue reading “Mandatory Tests for Antibodies Not Permissible According to EEOC”

Supreme Court Rules LGBT Discrimination Violates Title VII

The Supreme Court of the United States has ruled that Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on sexual orientation or gender identity. The unexpected 6-3 decision by the court is considered a major win for LGBT advocates who feared the conservative majority on the court would rule the other way. However, the ruling itself is narrow and applies only to Title VII itself, and future battles likely wait for LGBT people seeking legal protections against discrimination. Continue reading “Supreme Court Rules LGBT Discrimination Violates Title VII”

EEOC Issues Guidance on Returning to Work After Quarantine

With many states now beginning the process of winding down their quarantine, many businesses that have been shuttered are now looking at reopening and inviting their employees back to work. However, reopening after the pandemic carries with it many questions, including what obligation employers have with respect to protecting their employees. Fortunately, the Equal Employment Opportunity Commission (EEOC) has issued guidance, telling employers how best to reopen for business. Continue reading “EEOC Issues Guidance on Returning to Work After Quarantine”

Fair Chance Act Restricts Employers from Asking About Criminal History

A provision in the 2019 National Defense Authorization Act (NDAA) has made it illegal for employers throughout the United States to inquire about a person’s criminal record prior to a conditional offer of employment. Known as the “Fair Chance to Compete for Jobs Act of 2019,” or the “Fair Chance Act” for short, the provision abolishes the section on job applications that requires a person to disclose their criminal history. The measure is aimed at improving the opportunities for those previously convicted of a crime to return to regular society and obtain honest employment. Continue reading “Fair Chance Act Restricts Employers from Asking About Criminal History”

U.K. Court Rules Woman Was Discriminated Against for Being Too Young

A British court has ruled that an employer discriminated against a young woman for being too young, under the U.K. Equality Act. The law, unlike equivalent legislation in the United States, prohibits all forms of age discrimination, whether against older employees or younger ones. Typically, age discrimination laws only protect older workers from being discriminated against, but some hope the U.S. might extend similar protections to younger workers as well. Continue reading “U.K. Court Rules Woman Was Discriminated Against for Being Too Young”

Company Violated ADA By Firing Man With Vision Problems

The United States District Court of Maryland has ruled that an employer violated the Americans with Disabilities Act (ADA) when he was dismissed due to vision problems. The vision problems were caused by a benign brain tumor for which the employee was seeking medical treatment. The employer argued the condition didn’t legally constitute a disability. The Equal Employment Opportunity Commission (EEOC) disagreed, and the District Court affirmed the EEOC’s decision. Continue reading “Company Violated ADA By Firing Man With Vision Problems”

Lawsuit Claims Barnes and Noble “Purged” Older Workers

Barnes and Noble, the bookstore chain with locations around the country, is facing a possible class action lawsuit from employees who claim they were fired due to their age. The lawsuit, filed in the United States District Court in Northern California, accuses the chain of deliberately purging the company of older workers in an attempt at cutting costs. The lawsuit blames the age discrimination in part on Elliott Management Corp., a hedge fund that took control of Barnes and Noble in August. Continue reading “Lawsuit Claims Barnes and Noble “Purged” Older Workers”