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Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least for the time being.

Coronavirus: Preparation & Response

Managing the Modern Workplace

June 30, 2020
Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

We have all seen the data: Eighty percent of the people who have died of COVID-19 in the United States have been 65 or older.

Coronavirus: Preparation & Response

Managing the Modern Workplace

June 23, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Nearly five years ago, I was driving south on Highway 59 to visit a client’s facility. At 9 a.m., I pulled over on the shoulder near Edna, Texas, got out my phone and went to https://www.scotusblog.com/ to check if the Supreme Court had issued its decision in Obergefell v. Hodges.

Managing the Modern Workplace

June 16, 2020
Coronavirus: Preparation & Response
Coronavirus: Preparation & Response

The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to the extent necessary to protect the workforce from COVID-19 exposure and should keep those records confidential.

Coronavirus: Preparation & Response

Managing the Modern Workplace

March 23, 2020
Managing the Modern Workplace
Managing the Modern Workplace

I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.

Managing the Modern Workplace

February 6, 2020
Managing the Modern Workplace
Managing the Modern Workplace

The general duty clause of the Occupational Safety and Health Act requires employers to provide a workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee.”

Managing the Modern Workplace

Coronavirus: Preparation & Response

February 4, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas…

Managing the Modern Workplace

January 23, 2020
Managing the Modern Workplace
Managing the Modern Workplace

If your business has employees only in the United States, then the answer is probably no. But if you are a multi-national employer, then perhaps it should be.

Managing the Modern Workplace

January 9, 2020
Managing the Modern Workplace
Managing the Modern Workplace

What would you do if one morning you saw on the overtime volunteer list on your company bulletin board that an employee had handwritten across the top of the list the words “Whore Board?” I think I…

Managing the Modern Workplace

January 7, 2020
Managing the Modern Workplace
Managing the Modern Workplace

Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution.

Managing the Modern Workplace

December 12, 2019
Managing the Modern Workplace
Managing the Modern Workplace

As someone who grew up in Mexico City in a home where three languages were spoken (I spoke Spanish with my brother and my friends, French with my mother, and English with my father), I have never…

Managing the Modern Workplace

October 31, 2019
Managing the Modern Workplace
Managing the Modern Workplace

If your company is a federal contractor, do not assume that the current administration is uninterested in enforcing discrimination laws. In fact, the Office of Federal Contract Compliance Programs…

Managing the Modern Workplace

October 29, 2019