If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after receiving what is usually required a “right-to-sue” letter from the agency. 

This week, the EEOC issued new guidance regarding pandemic-related caregiver discrimination. The EEOC assumes (probably rightly) that caregiving obligations are more likely to fall on women so discrimination against caregivers often looks like sex discrimination. While the updated guidance is specific to COVID-19, is it packed full of good practices to follow regardless of the

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed in on something that employers may not have yet considered: When does an employee’s COVID-19 become a disability under the Americans with Disabilities Act?

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 EditionMany of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some bright, shining blessings in what has otherwise been another difficult year. We are grateful

Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to Apply for ExemptionThings just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or expected federal mandates. While the bill is not law yet, the highlights include:

  • Don’t ask for proof of vaccine. The

Another Type of COVID Long Haul—Future Discrimination Suits?We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine? What kinds of medical questions can I ask my employees? Should employees still wear masks? How does COVID-19-related leave work? What do

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-WorkerIn another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a co-worker could not be the basis for his own Title VII claim that he was discriminated due to his sex. The Court

EEOC Locks onto Bostock: New Guidance on Sexual Orientation and Other Gender IssuesYou may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII.  After that decision, we encouraged each of you to update your EEO and harassment policies, update your application forms and websites, train your