Labor & Employment Law Daily Wrap Up
- TOP STORY—OSHA ETS requires large employers to mandate vaccination or require weekly testing and masking
- STRATEGIC PERSPECTIVES—Top labor and employment developments for October 2021
- EXPERT INSIGHTS—COVID confusion clarity: California DFEH issues guidance for businesses confronting vaccination and testing exemption requests
- EXPERT INSIGHTS—Meeting the moment on diversity, equity, and inclusion: designing a program that’s right for your company
- DISCRIMINATION—D. Md.: Employer’s Faragher/Ellerth defense weakened by ineffective anti-harassment policy, negligible discipline of harasser
- DISCRIMINATION—DISABILITY—M.D. Tenn.: Fact question whether expensive hearing aids were reasonable accommodation
- DISCRIMINATION—PAY—S.D.N.Y.: Female professor’s EPA suit based on CBA salary schedule cannot withstand summary judgment
- DISCRIMINATION—RACE—D.N.C.: Employee told coworker conflicts stemmed from his ‘stature as bigger Black man’ advances bias claims
- EMPLOYEE STATUS—Tenn. App.: Tour bus drivers mischaracterized as independent contractors rather than employees for unemployment taxes
- INDIVIDUAL RIGHTS—E.D. Wash.: Demoted assistant principal unable to obtain reinstatement as preliminary injunctive relief in First Amendment suit
- INDIVIDUAL RIGHTS—S.D. Tex.: Newly elected sheriff must face First Amendment claims of captain who campaigned for opponent
- PROCEDURE—D. Minn.: Review of Colorado River factors show no reason to dismiss state law claim
- RETALIATION—1st Cir.: Black school principal, involuntarily transferred to pre-K position, can’t revive bias, retaliation claims
- RETALIATION—8th Cir.: Judgment in favor of BNSF on employee’s retaliation claim reversed on appeal
- DOJ NEWS—County to pay $100K after firing employee who told supervisor of earlier sexual harassment claim
- LITIGATION NEWS, TRENDS—GEO Group must surrender $5.9M in unlawful gains, pay $17.3M in back wages to detainees
- STATE LEGISLATION—NEW YORK—Governor Hochul signs legislation expanding paid family leave to include care for siblings
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