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.
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.
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
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
On June 15th, 2020, the Supreme Court ruled that the language of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, religion, national origin, and sex, also applies to gay and transgender workers.
Justice Gorsuch, who wrote the majority opinion, stated that “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” The Supreme Court’s decision will allow employees who feel they have been discriminated against based on their sexual orientation or gender
The EEOC filed and won a lawsuit against Orlando Float, an Orlando massage therapy company, for pregnancy discrimination. The EEOC charged that Orlando Float required all pregnant employees to produce a doctor’s note, regardless of whether the employee was requesting any changes in her work conditions and responsibilities. Orlando Float claimed that this was to protect the safety interests of pregnant women and their unborn children. A pregnant employee expressed concern over the requirement to produce a doctor’s note and was fired on her next shift.
Orlando Float’s actions were in
EMPLOYEE RIGHTS – COVID -19 UPDATE
Effective April 1, 2020 through December 31, 2020
The Families First Coronavirus Response Act (FCRAA) provides 100% paid leave for up to two weeks to employees who require leave because:
They are subject to an isolation order by Federal, State or local government.
They have been advised by a health care provider to quarantine.
They are experiencing COVID-19 symptoms and are seeking a medical diagnosis.
They are caring for his/her child where school or daycare is closed due to COVID-19.
Employees caring for an individual who is subject to quarantine
Our office is getting a lot of inquiries from those who have recently lost their job. Please keep in mind that being let go because the business you worked for has closed due to COVID 19 is legal. Businesses may be required to reduce their workforce but businesses cannot use COVID-19 as an excuse to fire you due to your age, race, disability, sex, national origin or religion. Please call us at 813- 769-3900 with any questions you may have.
If you have been recently let go, please read below for
Discrimination, Harassment and Retaliation at Facebook’s Content Moderation Office in Tampa, Florida
Thompson Legal Center attorney, KC Hopkinson, was recently interviewed about the discrimination and severe harassment her clients are enduring while working for Cognizant in Tampa, Florida. A journalist for The Verge, Casey Newton, wrote an article “The Trauma Floor” where he describes the deplorable work conditions at Cognizant’s Phoenix, Arizona location. Newton decided to visit Cognizant’s Tampa office and was granted interviews by current and former Cognizant employees despite a nondisclosure agreement that all employees are required to sign. In his most recent article, “Bodies in Seats”, Newton explains the
Jenkins v. S. David Anton, PA; 8:15-cv-00283
James Moten Thompson and Kathryn Hopkinson successfully defended their client in an appeal case where the Plaintiff claimed that the Court abused its discretion and misapplied the legal standard against her in a wage and hour dispute. In the non-jury trial that preceded the appeal, she’d alleged that her Employer had not paid her owed overtime compensation, to which she claimed she was entitled under the Fair Labor Standards Act (“FLSA”).
The Court found that the Plaintiff could not present additional testimonial evidence after she