Image Credit: Wig by Daniela Baptista from the Noun Project In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women — receive unfair treatment based on inherent hair texture and protective hairstyles, like braids,…
Image Credit: slam dunk by Andrew Doane from the Noun Project On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (https://bit.ly/TheEmployerHandbookYouTube)…
form by Jason Tropp from the Noun Project Before I tell you which COVID-19 religious accommodation form you need to trash right away, don’t forget that today is the big, free live Zoom on the new OSHA vaccine-or-test mandate. Join me and my partners Amy Epstein Gluck, David Renner, Sid Steinberg, Gordon Berger…
Speech dialogue balloon by icon 54 from the Noun Project Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. The EEOC…
Image by Dominic Wunderlich from Pixabay On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. The case is not about the constitutionality or efficacy of vaccine mandates promulgated by the government or private entities. Instead, it focused on an airline’s accommodation policy for employees…
Image Credit: Winning Lottery Ticket by Gan Khoon Lay from the Noun Project I’ve been doing this employment law thing for over 20 years now. Two decades of practice have taught me plenty. But, every once in a while, I learn something new. For example, I was reading the government’s…
fast by Alice Design from the Noun Project Damn! That was fast! I think I was on page 423 of the 490-page COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), preparing for that free Zoom that I’m hosting on Friday (details below). That’s when I heard the news on Saturday…
Image by StockSnap from Pixabay I have a confession. I have not read all 490 pages of the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). However, I did read the updated regulations (starts on page 473) and listened to the Occupational Safety and Health Administration (OSHA) webinar. And, fortunately,…
Image Credit: PublicDomainPictures.Net (Judge Gavel) Do you remember back in 2020, when the Supreme Court in Bostock v. Clayton County held that Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on LGBT status? But the court did leave one issue open, namely, the implications for…
Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration) The short answer is no. The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting…