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

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC GuidelinesDo you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees.

The CDC’s guidance

Race and National Origin Discrimination Claims Cover Discrimination Based on All Races or National OriginsEmployers seeking to diversify their workforces need to remember that Title VII’s prohibition on class-based discrimination still applies — even if your motives are pure. The EEOC announced that it settled a lawsuit in which it alleged that a company was discriminating in favor of Hispanic job applicants over black, white, and Asian applicants.

The

Vaccinations Offer Hope, But What Should Employers Consider When Designing COVID-19 Vaccine Incentive Programs?On March 2, 2021, President Biden announced that there will be enough COVID-19 vaccines for “every adult” in the United States by the end of May 2021. Given the current lack of vaccine availability, this announcement signals a light at the end of the tunnel for everyone, not the least of which are employers eager

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 EditionMany of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a

Mandate to Vaccinate? Employers and Required Flu ShotsThis year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may