Discrimination

Expert Analysis

• Mental Health Discrimination And Protections At Work: Part 2

  Excerpt from Practical Guidance

  

  Jennifer Mathis and Lewis Bossing at Bazelon Center for Mental Health Law, and Sara Frank at Cozen O'Connor, discuss workplace discrimination issues related to psychiatric disabilities, including U.S. Equal Employment Opportunity Commission case law, hiring best practices and concerns related to COVID-19.

• Employers Face New Risks Under State Anti-Harassment Laws

  

  With sexual harassment claims likely to rise as new state laws expand employee protections and in-person work returns, now is a good time for employers to brush up on the legislative trends that may expand their liability and ensure compliance accordingly, say Buena Vista Lyons and Nicole Herron at FordHarrison.

• Mental Health Discrimination And Protections At Work: Part 1

  Excerpt from Practical Guidance

  

  Jennifer Mathis and Lewis Bossing at Bazelon Center for Mental Health Law, and Sara Frank at Cozen O'Connor, examine key considerations for employing people with psychiatric disabilities, as well as legal protections available to employees and job applicants who face discrimination for mental health challenges.

• How Federal Vaccine Mandate Will Affect Gov't Contractors

  

  Daniel Kelly at McCarter & English provides an in-depth look at the Biden administration's federal workplace vaccine mandate, and offers compliance tips for the requirement that federal contractors and subcontractors be fully vaccinated against COVID-19 by Dec. 8, even if they are not working directly on a government contract.

• 5th Circ. Rulings Guide On Avoiding FMLA Retaliation Claims

  

  Two recent Fifth Circuit decisions in Lindsey v. Bio-Medical Applications of Louisiana and Campos v. Steves & Sons highlight the potential consequences for employers that retaliate against workers covered by the Family and Medical Leave Act, as well as administrative best practices, including proper documentation and progressive discipline policies, says Lionel Schooler at Jackson Walker.

• Job App Compliance As State Fair Hiring Laws Proliferate

  

  As more states and localities continue to pass fair hiring laws that bar employers from soliciting certain information from candidates at the prehire stage, businesses may need to eliminate employment application questions related to age, criminal history records, prior salary and more, say Carly Baratt and Nancy Popper at Epstein Becker.

• Pa. Ruling Reminds Employers To Rethink Cannabis Testing

  

  A Pennsylvania state court’s recent decision in Palmiter v. Commonwealth Health Systems joins other state court rulings prohibiting cannabis-related job discrimination, underscoring the need for businesses to develop drug testing policies that account for varying legal nuances and talent-specific considerations, say attorneys at Vorys Sater.

• LGBTQ Ruling Shows Limits Of Title VII Religious Exception

  

  A North Carolina federal court’s recent ruling in Billard v. Charlotte Catholic High School, finding the school unlawfully fired a gay teacher, narrows an exception that allows religious employers to evade Title VII bias claims when the facts point to a wholly secular job description, says Amy Epstein Gluck at FisherBroyles.

• What Forced Arbitration Ruling Means For Calif. Employers

  

  As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

• 3 Lessons From 10th Circ. College Tenure Denial Ruling

  

  The Tenth Circuit’s recent decision in Tudor v. Southeastern Oklahoma State University, holding that the school must reinstate a professor who was illegally fired over her transgender status, provides a clear road map for litigating denial of tenure cases, with takeaways for expert witness testimony, judicial deference and available remedies, say Alan Kabat and Devin Wrigley at Bernabei & Kabat.

• Imposing Insurance Surcharges On Unvaccinated Workers

  

  Employers that are not covered by President Joe Biden’s new COVID-19 action plan or that want to further encourage vaccination may consider imposing a health insurance premium surcharge on unvaccinated workers, but compliance with myriad federal, state and local laws must be addressed before raising rates, say attorneys at Reed Smith.

• Employer Lessons In Avoiding Intersectional Bias Claims

  

  Given evolving case law and President Joe Biden’s recent executive order instructing federal agencies to counteract intersectional discrimination, employers should closely scrutinize data collection, training and more to foster inclusive working environments and ward off claims that allege converging biases, say attorneys at Sanford Heisler.

• How Employers Can Enforce Compliant Vaccine Mandates

  

  Attorneys at Epstein Becker lay out the practical considerations for employers enforcing vaccine mandates, explaining compliance measures under the Americans with Disabilities Act and Title VII, and how factors like industry, geography, workspace design and customer interaction should determine a company’s approach.