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”
Category: Discrimination
New York Employment Lawyer, Steven M. Sack discusses work-related discrimination (on the job, wrongful termination, and more).
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”
Supreme Court Considers LGBTQ Employment Discrimination Case
The Supreme Court is currently considering a case, Bostock v. Clayton County, which may have an impact on LGBTQ rights across the United States. The plaintiff in the case was allegedly fired from his job after his employer discovered he had joined a baseball team for gay men. This case has become a focus of national attention to see whether the Supreme Court is willing to recognize employment discrimination because of sexual orientation as legally protected in the same way that many other forms of discrimination are. Continue reading “Supreme Court Considers LGBTQ Employment Discrimination Case”
The Right to Unionize
The Constitution of the United States guarantees its citizens the right to freely associate, and to peacefully assemble for political purposes. However, the modern labor union only dates to the 1930s, with the passage of the National Labor Relations Act (NLRA). Until that point, labor unions were made illegal, and were often broken up by police, or sometimes even by the State or National Guard. Moreover, there are still many people who are not allowed to legally unionize, or who have their right to organize significantly restricted. How can this be true? Continue reading “The Right to Unionize”
When Employment Discrimination Gets Sneaky
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
