On December 11, 2017, the U.S. Supreme Court refused to accept an application to appeal the court of appeals decision in Evans v. Georgia Regional Hospital, leaving unresolved a circuit split on whether federal law prohibits employment discrimination based on sexual orientation.[1] In Evans, the plaintiff, a security officer at a Georgia hospital, claimed she had been harassed and passed over for a promotion because she was homosexual ...
“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business ...
Key Points Historic definition of "public works" expanded beyond construction-related activities Supreme Court holds that some special districts must pay prevailing wages to workers performing non-infrastructure related tasks Full extent of coverage of prevailing wages for operational contract workers is unclear Labor Code Section 1720(a)(1) defines a "public work" as "construction, alteration, demolition, installation, or repair work done under contract and paid for in wh
On June 1, the United States Supreme Court reversed and remanded Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.1 to the Tenth Circuit Court of Appeals and held that in order to prove a disparate-treatment (or “intentional discrimination”) claim, an applicant need only show that his need for a religious accommodation was a motivating factor in an employer’s decision not to hire him ...
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On Jan. 13, 2022, the United States Supreme Court issued an order blocking enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring (among other things) employers of 100 or more employees to require employees to be vaccinated against COVID-19 or ensure unvaccinated employees are tested for COVID-19 weekly ...
Earlier this year, the U.S. Supreme Court issued its long-awaited decision in Epic Systems Corp. v. Lewis, resolving an issue on which several Courts of Appeals and various federal agencies and administrations had disagreed. At issue in Epic Systems (and two companion cases presenting the same issue: Ernst & Young LLP. v. Morris and National Labor Relations Board v. Murphy Oil USA, Inc ...
On Jan. 13, 2022, the Supreme Court of the United States lifted the injunction on the Centers for Medicare and Medicaid (CMS) vaccine mandate (Mandate).[1] Previously, injunctions were imposed by district courts in Missouri and Louisiana, and affirmed on appeal by the Eighth and Fifth Circuits, respectively, thereby prohibiting enforcement of the Mandate in 24 states ...
The Supreme Court of the United States announced three cases will be argued next term that could determine whether Title VII protects LGBT employees from workplace discrimination. Title VII prohibits discrimination because of “race, color, religion, sex, or national origin,” but it does not explicitly mention sexual orientation or gender identity ...
Here we go again! Consistent with its retaliation decisions over the past five years, the United States Supreme Court has revisited and expanded the scope of protection from retaliation under Title VII. In an 8-0 decision issued January 24, 2011, the high court expanded the scope of Title VII’s anti-retaliation provision by concluding that in certain situations, the statute allows an employee who has not personally engaged in protected activity to lodge a retaliation claim under the statute ...
Recent surveys have revealed the shocking statistic that 90% of breastfeeding mothers are forced to use a toilet or are not provided with a suitable space to express their breastmilk at work. We look at what employers can do to rectify this issue in order to offer the appropriate level of support to new mums. Returning to work following maternity leave can be a daunting prospect, particularly if this is the first time that an employee has been apart from their baby for long periods of time ...
Fertility is not only a ‘women’s issue’ - the impact of infertility on men can be enormous, yet regularly goes unnoticed. In light of Men’s Health Week and Father’s Day, we look at improving support for men who are experiencing fertility issues. When it comes to infertility, research and support predominantly centres around the perspectives of women ...
More and more employers are introducing paid fertility leave and a fertility leave policy to their workforce. For employers considering doing something similar, we explain the requirements for fertility leave and points to ponder when preparing a policy. Are employers required to provide time off for fertility treatment? There is no statutory right to provide staff with time off (paid or otherwise) for fertility or related treatment ...
Josh Cavallo has demonstrated enormous bravery by becoming the only current male professional footballer to come out as gay. We consider how employers can foster a workplace environment that is supportive of LGBTQ+ employees who choose to come out. This week Josh Cavallo of Adelaide United showed incredible courage by publicly announcing his sexuality ...
Employers are likely to have experienced some of their employees losing a baby before the 24 week mark. Employees may have been open about it with their employers; others may not have been especially if their pregnancy was in the early stages. The Government has just launched a new scheme for parents who experience a loss of pregnancy before 24 weeks. The scheme went live at 9am on 22 February 2024 and allows parents in this situation to request a baby loss certificate ...
Through this Circular, the Ministry of Work recalls that all employers are obligated to provide their employees with proper protection equipment with the safety and efficiency conditions required according to the risk´s nature ...
Tackling rising prices within the parameters of public procurement. One of the main symptoms of the current economic crisis is rising prices, for individuals and businesses. Brexit and the Russian invasion of Ukraine are just two contributory factors in fuelling increases in prices across the supply chain in the UK, particularly the cost of raw materials, labour and transport ...
Unexpectedly, Home Office guidance Employer’s guide to right to work checks has been updated to expand on the required steps for employers who are taking on an individual to carry out ‘supplementary employment’. It now helpfully gives clarification on what steps should be undertaken to ensure that right to work checks for this category of employees are done correctly ...
Following their only loss of the 1985-1986 season, the Chicago Bears produced the first hip-hop song recorded by a professional sports team — the “Super Bowl Shuffle.” The Bears went on to win their next 15 games and eventually beat the New England Patriots in Super Bowl XX. The Shuffle became synonymous with the Bears and their victorious season, and 33 years later it found itself at the heart of a lawsuit ...
A SUMMARY OF THE FINAL REGULATIONS ON THE STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ISSUED DECEMBER 28, 2000 AS MODIFIED BY THE FINAL REGULATIONS ISSUED ON AUGUST 14, 2002 CAVEAT: This outline summarizes the HIPAA Privacy Regulations as modified. No one should rely on this as legal advice. In every situation, the application of the rules requires careful analysis of a counsel who is familiar with your particular situation. I ...
With respect to the situation caused by the pandemic and its possible data protection impacts, please find below a summary of the statement of the European Data Protection Board (EDPB) on the processing of personal data in the context of the COVID-19 outbreak, issued on 19 March 2020. The EDPB starts by emphasizing that “[d]ata protection rules (such as the GDPR) do not hinder measures taken in the fight against the coronavirus pandemic ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov) ...
In Hungary, the Government hasintroduced multiple measures – besides the ongoing curfew restrictions – aimed at helping companies navigate through these hard times. Hédi Bozsonyik, Head of our Employment Law practice, has summarized the most important facts. 1. General employment law related measures a.) The employer has more flexibility in modifying the work schedule even after it was communicated with the employees; b ...
