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June 22, 2020

On June 17, 2020, the EEOC determined a difference between testing for current COVID infection and testing for antibodies. Though testing for current infection is acceptable and making decisions on allowing employees to work based on their current infection status is permissible, testing for antibodies and requiring that as a criteria for returning to work is not permissible. The approach consider...

May 13, 2020

From the start we’ve been discussing the idea that the response to COVID-19 is an evolving one.  This remains true. In that context, the government response has been largely to administer new laws and the applicability of existing laws through “Frequently Asked Questions” (“FAQ”) or via guidance. 

Guidance does not have the same authority as regulation or rules: Guidance is supplemental materi...

April 30, 2020

In this post, we discuss taking proactive steps to considering what considerations to take into account while coming out of "Stay at home" orders, the COVID related safety issues with OSHA, and updates to the EEOC position on COVID testing.

Reopening Business.  The Federal government has started to discuss what coming out of the Coronavirus lockdown will look like, after having issued a three...

March 13, 2020

The coronavirus is thought to spread mainly from person-to-person, generally those within 6-feet of us. It may also be transmitted by touching an infected surface. Taking steps toward prevention is important to stopping the spread of COVID-19, the disease caused by the coronavirus, and the best way to prevent illness is to avoid being exposed.

As of this post, congress is considering a bill which m...

October 18, 2019

What happened.  On September 30, 2019 , the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit Assisted Living Concepts, LLC d/b/a Enlivant and North Brook Place, a national owner and operator of senior living facilities, violated federal law by failing or refusing to make a reasonable accommodation to an employee with a disability resulting in her termination.

According to th...

September 30, 2019

Today, September 30, is the deadline to file Component 2 EEO-1 for 2017 and 2018 data; however, on September 27, 2019, the EEOC announced in a status report filed in the lawsuit discussing post-September 30th activities that “the report collection will not be complete until it reaches what the Court has determined to be the target response rate…” There is no information on how long the portal will...

September 14, 2019

Paid Family and Medical Leave: Massachusetts

If you're a Massachusetts employer with a workforce of any size, you're required to begin withholding Paid Family and Medical Leave contributions from covered individuals' wages beginning October 1, 2019. This is the pay date on or after October 1, not the pay period beginning October 1.  

Your contribution responsibilities depend on your a...

September 5, 2019

BACKGROUND. In 2012, the EEOC issued guidance that prohibited employers nationwide from instituting automatic, blanket bans on the hiring of individuals with criminal records, cautioning them away from policies categorically denying employment of convicted felons. In the intervening time, we’ve seen states moving to adopt “Ban the box” – banning employment application questions around convictions,...

August 29, 2019

The Case An Oklahoma Burger King Franchisee has settled a disabilities discrimination suit with the EEOC.  This franchise offered an intellectually disabled applicant a position as a dining-room/restroom attendant after an interview to which the applicant brought a job coach.  When the now prospective employee requested that a job coach provide on-site support, the company withdrew its offer of...

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