What is Retaliation in Discrimination Law?

Anti-discrimination laws, like Title VII of the Civil Rights Act and the Americans With Disabilities Act, prohibit employers from discriminating against their employees due to reasons such as race, gender, color, creed, national origin, and disability status. What many people do not know, however, is that these protections also extend to people who are retaliated against for reporting discrimination. But what is retaliation in the context of discrimination law, and why is it protected against? Continue reading “What is Retaliation in Discrimination Law?”

Employers Begin to Consider Mandatory Vaccination Policies

As vaccines for the coronavirus have been developed, and are now in the process of being delivered, some employers have begun to contemplate mandatory vaccination policies. If these were implemented, it could significantly affect employees across many fields, especially essential workers who are much more likely to be exposed to the virus. But what would a mandatory vaccination policy entail, and what happens to employees who cannot, or will not, comply with them? Continue reading “Employers Begin to Consider Mandatory Vaccination Policies”

Five Common Types of Wage Theft

The term “wage theft” is used to describe when an employer fails to pay their workers wages they are legally owed. This shockingly common phenomenon costs workers billions of dollars every year, with employers often using leverage over employees to get away with this illegal conduct. Here are five common ways employers commit wage theft against their employees: Continue reading “Five Common Types of Wage Theft”

What is Protected Activity Under the NLRA?

The National Labor Relations Act (NLRA) protects employees who engage in political activity for the purposes of labor organizing. However, not all kinds of political activity are considered a “protected activity” under the NLRA, meaning not all activities receive the same kind of legal consideration. So what constitutes a protected activity under the NLRA, and why does it matter whether an activity is considered protected or not? Continue reading “What is Protected Activity Under the NLRA?”

What is a Reasonable Accommodation Under the ADA?

The Americans With Disabilities Act (ADA) requires all employers with 15 or more employees to make reasonable accommodations to employees with physical or psychological disabilities. For some employers, this can seem daunting, since they do not really understand what is required of them by the ADA. So, what exactly is a reasonable accommodation, and how do you know when you need to provide one? Continue reading “What is a Reasonable Accommodation Under the ADA?”

Ohio Supreme Court Upholds “Direct Observation” Drug Test

In a shocking twist that may be indicative of future developments, the Ohio Supreme Court has upheld the use of so-called “direct observation” drug tests by employers. This test is, in effect, a standard urine test used to detect the presence of drugs in a person’s system, except the employees are put under “direct observation” to make sure they did not swap out someone else’s urine. Employee rights advocates are outraged at the decision, which effectively makes it legal to watch an employee urinate when giving a sample for a drug test. Continue reading “Ohio Supreme Court Upholds “Direct Observation” Drug Test”

Five Potential Benefits of Forming a Labor Union

Unionization is an often-controversial subject, but also one with substantial practical implications. Many people reflexively oppose unionization precisely because of how politicized it can be, but for people working in certain jobs, a union can provide many potential benefits. Here are just five potential ways you can benefit from forming a labor union at your place of employment: Continue reading “Five Potential Benefits of Forming a Labor Union”

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?”

NY Federal Court Strikes Down Rule Limiting COVID Paid Leave

A New York federal court has struck down a United States Department of Labor (DOL) rule that limited who could benefit from a law that granted paid leave due to the coronavirus. The court stated the DOL overstepped its authority by issuing the limitation and said that there was no basis in law for the rule it issued. Additionally, it struck down an interpretation of the law that expanded an exception for “health care providers,” and partially vacated other interpretations of the law which limited people’s ability to take time off. Continue reading “NY Federal Court Strikes Down Rule Limiting COVID Paid Leave”

Blocking Charge Rule Change Challenged by AFL-CIO

The AFL-CIO, the largest association of unions in the United States, is seeking to stop the implementation of a rule that would weaken the “blocking charge” rule currently in place. The AFL-CIO has claimed that the rule was passed in violation of the Administrative Procedure Act (APA), and that it was based on several factual errors that were not corrected. The National Labor Relations Board (NLRB), which created the rule, is defending the new rule, stating that the factual errors were not material and that there was no APA violation. Continue reading “Blocking Charge Rule Change Challenged by AFL-CIO”