The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID.  The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...
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Building Trust as We Return to the Workplace

Darrell VanDeusen
Darrell VanDeusen
06/15/2021
I am spending a lot of time these days counseling employers who are in the middle of having their employees return to the worksite.  One of the big issues (no surprise here) is whether employees have been vaccinated.  Do you request documentation?  Do you rely on someone’s statement that they cannot be vaccinated for medical reasons, or because they have a religious objection?  Do you punish those who chose not to vaccinate just because? For...
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Fourth Circuit Revives Same-Sex Harassment Claim

The Fourth Circuit Court of Appeals last week joined several other federal appellate courts when it rejected a narrow reading of Supreme Court precedent regarding same-sex harassment claims under Title VII of the Civil Rights Act of 1964.  Roberts v. Glenn Industrial Group, Inc., No. 19-1215 (4th Cir. May 21, 2021).  The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The case involves Glenn...
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Non-Competes To Become Non-Existent in D.C.

The Ban on Non-Compete Amendments Act of 2020 (the Act) is a sweeping piece of legislation that effectively bans the use of all non-compete agreements in the District of Columbia, regardless of income level.  Once effective, the Act will: Prohibit the use and enforcement of non-compete agreements for all employees working in D.C., with limited exception; Prohibit anti-moonlighting and other workplace policies that prohibit an employee from...
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EEOC Issues Updated Guidance On Religious Discrimination

Last month, the Equal Employment Opportunity Commission (EEOC) published a new update to its 2008 guidance on religious discrimination in the workplace.  Recognizing the "altered legal landscape" that has transpired in the last 12 years, the agency issued a modernized version of its guidance that covers employer obligations and employee rights.  Specifically, the guidance addresses: Coverage, including when a particular religious practice or...
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Oh Please, Please, Cut it Out.

Darrell VanDeusen
Darrell VanDeusen
07/24/2020
My last blog focused on the NLRB’s July 21, 2020 decision in General Motors LLC, N.L.R.B., 369 NLRB No. 127 (7/21/20), returning to the Wright Line test when an employee uses profane language in the workplace and the resulting discipline that should occur.  In overturning a number of prior decisions, NLRB Chair John Ring said: “the Board has protected employees who engage in obscene, racist, and sexually harassing speech not tolerated in almost...
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