Friday, January 7, 2022, the U.S. Supreme Court heard oral arguments regarding court ordered stays on two vaccine mandates. The court heard consolidated appeals on two sets of cases: the first set concerning the Medicare and Medicaid Services vaccine mandate covering healthcare workers at certain facilities, and the second regarding the Occupation Safety and Health… Read More »
McDonald, Woodward & Carlson, P.C., Law Firm Blog
Employment Law articles and news.
Supreme Court to Weigh in on Vaccine Mandates
The U.S. Supreme Court has granted a review of legal challenges to OSHA’s vaccine and testing emergency testing standard (OSHA ETS) as well as the Centers for Medicare and Medicaid Services Omnibus Covid-19 Health Care Staff Vaccination rule (CMS Vaccine Mandate). Arguments are scheduled for January 7, 2022. In the meantime, OSHA has agreed that… Read More »
Company’s Effort to Diversify Costs Man His Job
A white male hospital executive was recently awarded a $10 million payout for employment discrimination after being fired and then replaced by two women – one white, one of color – as part of his company’s diversity and inclusion program. The employee said he was terminated without warning due to the company’s efforts to diversify… Read More »
Covid 19 Mandates Impact Many Illinois Workers
Illinois Governor J.B. Pritzker has issued an Order mandating that certain professionals in healthcare and education, many state employees, and students get the Covid 19 vaccination, subject to certain exemptions which will require regular testing. The Order went into effect August 26, 2021 with the deadline of September 5, 2021 for a single dose of… Read More »
Non-Compete Agreements Still Troublesome for Employees
Last week, the President signed an executive order on Promoting Competition in the American Economy, encouraging the Federal Trade Commission (FTC) to formulate rules to curtail the use of non-compete clauses believed to hurt workers. Falling short of what many hoped would be a ban on non-compete clauses, the order has no impact on the… Read More »
Covid-19 Screening for Employees Heading Back to Work
As Covid-19 infections continue to drop nationwide, many employees will return to their workplaces after working remotely for nearly a year. To plan for a return to work, the EEOC has advised that employers may ask employees to undergo Covid-19 screening if it is job related and consistent with business necessity. According to the EEOC,… Read More »
Online Retailer Sued for Workplace Discrimination
According to a report from Iowa Public Radio, a popular online retailer has come under fire from a senior manager who is suing the company for alleged racial and gender discrimination. The employee alleges her ordeal began when the popular online retailer hired her at a lower level than she was qualified – a practice… Read More »
Job Protection for Expectant Moms
Last month the U.S. House of Representatives passed HR 2694, the Pregnant Workers Fairness Act (PWFA) to eliminate discrimination and promote women’s health and economic security by ensuring reasonable accommodations to workers limited by pregnancy, childbirth, or a related condition. If passed by the Senate and signed into law, the PWFA would supplement the accommodation… Read More »
U.S. Supreme Court Rules on Sexual Orientation Discrimination
In a 6-3 decision the U.S. Supreme Court ruled that an employer who terminates an employee, or otherwise discriminates against them because they are gay or transgender, is violating Title VII of the Civil Rights Act, which protects employees from discrimination on the basis of sex as well as race, color, religion and national origin.… Read More »
Returning to Work During Covid 19 – What Are My Rights?
With many states reopening, many employees may be nervous about returning to work. If you feel that your boss is calling you back too soon, is there anything you can do? Many Americans were furloughed or worked from home during the early weeks of the pandemic and are fearful of returning to the workplace as… Read More »