January 16, 2023 – MLK Day – Dr. Martin Luther King, Jr. strived for progress in racial equality during the modern civil rights movement. He sacrificed his life for global rights but he did not see it that way. His efforts were instrumental in the creation of the Civil Rights Act of 1964. This act gave protections from discrimination in employment and led to the creation of the EEOC. The EEOC and the attorney’s at Thompson Legal Center continue to fight against discrimination in the work place. The EEOC investigates
Everything at work was fine until a new manager or employee came to your department and now you feel like you are under a microscope. Are they singling you out because they just do not like you or is it something else? It is a tricky situation but if your “gut” is telling you that you are being singled out or being treated differently because of your age (over 40), race, color, national origin, sex, sexual orientation, religion, disability or pregnancy then you need to protect yourself and your job.
The U.S. Women’s soccer team is celebrating their legal win for equal pay after a six-year legal challenge. Five of the USWNT’s stars, led by Megan Rapinoe and striker Alex Morgan, fought for equal pay after they had been systematically underpaid for years compared to the men’s team. The players first filed a Charge of Discrimination with the federal Equal Employment Opportunity Commission in April 2016. The players sued three years later, seeking damages under the federal Equal Pay Act and Title VII of the Civil Rights Act. A twenty-four
Supreme Court Rulings Blocks Vaccine Mandate on Large Companies But Health Care Workers Still Face Vaccine Deadline
The U.S. Supreme Court blocked the OSHA mandate that would have required workers at businesses with 100 or more employees to get the Covid-19 vaccine or provide weekly negative test results. In contrast, the Court allowed the mandate to apply to medical facilities that take Medicare or Medicaid payments. The rulings, however, will not prevent U.S. companies from acting on their own and requiring vaccinations for their workers.
Yesterday, in a 5-4 decision, the Supreme Court lifted lower court orders that were freezing the mandate for medical facilities in 24 states.
I applaud the efforts of the Microsoft investors who are addressing their employees claims of sexual harassment and gender discrimination instead of trying to sweep it under the rug. A former Microsoft engineer notified the board that she had a sexual relationship with then board member Bill Gates. Gates stepped down from the board in 2020. Since that time the investors have taken the stance of looking into claims of workers in the hopes of improving the lives of their employees. “We’re committed not just to reviewing the report but
The EEOC recently updated guidance on COVID-19 stating that employees who have had the disease may be protected under the Americans with Disabilities Act. To be qualified under the ADA, a person would have to show that they a physical or mental impairment that limits a major life activity and that their employer took action against a person due to the perception that the employee is disabled or the worker’s record of impairment. But just because you tested positive for COVID-19 does not mean you will qualify as disabled. An
Recently, our office has received an uptick in calls from people who had been subjected to harassment and a hostile work environment due to their race or color. However, they never made any formal complaints to Human Resources or their supervisor that they believed they were harassed. It is imperative that you complain about any discrimination or harassment you are subject to at work. You should follow your company’s directives regarding reporting of workplace harassment or discrimination.
We have also received a number of calls from people who have been subjected
The U.S. Equal Employment Opportunity Commission EEOC has provided updates to the COVID-19 guidance on workplace vaccine issues and the workers who are seeking religious exemptions. This update was provided while we wait for OSHA to issue the new regulation that would require all U.S. businesses with 100 or more employees to mandate vaccines or require regular testing.
The EEOC made it clear that an employee seeking a religious exemption to the vaccine mandate is protected under Title VII of the Civil Rights Act of 1964 when the vaccination requirement conflicts
Under recent OSHA guidelines, healthcare workers may be entitled to paid leave following exhaustion of PTO if one of the following applies: 1) the healthcare employee tested positive for Covid-19, 2) the healthcare employee’s doctor diagnoses suspected Covid-19, 3) the healthcare employee has a fever of 100.4°F or, 4) the healthcare employee experiences loss of taste and smell. Employers can require at-home work if possible and can require testing. Once the employee tests negative, the benefit ends. Long hauler Covid patients may also be eligible for extended pay. It should
The short answer is yes. As the numbers of people testing positive for Covid-19 the continue to rise, so are the number of employers that are requiring their employees get vaccinated. The U.S. Equal Employment Opportunity Commission (EEOC) takes the position that requiring vaccines as a condition to physically be at work does not violate any federal employment law. At least one federal district court has agreed with the EEOC that employers can require their employees to get vaccinated as a condition of employment.
There are circumstances when an employee’s disability prohibits