July 2022 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS The Novavax Vaccine May Mean Fewer Religious and Medical COVID Vaccine Exemptions The FDA’s approval of the Novavax vaccine may be a game changer in the tumultuous COVID vaccine mandate situation. Unless limited by state law, employers may require […]

The Mayor of the District of Columbia has signed a bill that protects marijuana/cannabis users from adverse employment actions for off-duty use, with certain exceptions. Following a typical period of Congressional review, the law will take effect upon the date of inclusion of its fiscal effect in an approved budget […]

The U.S. Court of Appeals for the Seventh Circuit rejected an employer’s request to find that a permanent, full-time job coach is never a reasonable accommodation under the Americans with Disabilities Act. The ADA requires employers to provide reasonable accommodations to employees with disabilities to enable them to perform their […]

The Equal Employment Opportunity Commission has engaged in a rather troubling expansion of the Genetic Information Nondiscrimination Act, as reflected in its July 6, 2022 announcement of agreement to resolve certain GINA claims against a private employer. According to the EEOC, the employer had been collecting the COVID-19 test results […]

This month, the D.C. Council passed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021, which narrowed the scope of the very broad ban on non-competition agreements pursuant to the Ban on Non-Compete Agreements Amendment Act of 2020 (which we previously discussed here and here).  In an apparent recognition […]

A recent case highlights the fact that an employer may be found liable for retaliation under federal anti-discrimination laws even when the employee’s protected activity is against another employer. In Patterson v. Georgia Pacific, LLC, an HR manager testified in a pregnancy discrimination case against her former employer. Her current […]

In furtherance of the strong pro-worker stance of the Biden administration, various federal agencies have entered into agreements that allow them to share information and partner on initiatives that promote workers’ rights. We had previously written about the commitment of the General Counsel of the National Labor Relations Board to […]

The U.S. Department of Labor is inviting the public to participate in an online dialogue about the workplace challenges related to long COVID – a condition where those infected by COVID experience new or lingering symptoms over weeks or months. Such symptoms can include shortness of breath, fatigue, brain fog, […]

As attorneys, of course we are delighted to answer questions from our clients – even basic ones. But the U.S. Department of Labor has provided many free resources for employers to educate them about and help them comply with their obligations under a multitude of workplace laws. A particularly useful […]

A recent case reminds employers that performance reviews are compelling evidence – both positively and negatively – in employment discrimination cases. In Cowgill v. First Data Tech., Inc., the call center employee had back issues for which she required leave under the Family and Medical Leave Act and the Americans […]