The United States Court of Appeals for the Fourth Circuit became the first federal appellate court to find that the Americans with Disabilities Act (“ADA”) provides coverage to individuals diagnosed with gender dysphoria. In a 2-1 decision issued on August 16, 2022, the court reversed the decision of the United States District Court for the
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It is time to update your employee handbook. (No, that was not a question)
Let’s be honest – no one gets excited about spending time or money working on their employee handbook. Many employers think that their ten-year-old handbook is fine, and they take the approach of “if it ain’t broke, don’t fix it.” Right? Wrong. I can almost promise you that something in your handbook is broken –…
The EEOC Issues New Guidance for Employers on COVID-19 Testing in the Workplace
With COVID-19 cases again on the rise thanks to the BA.5 subvariant, the Equal Employment Opportunity Commission (“EEOC”) has issued new guidance that, for the first time since the onset of the pandemic, places some restrictions on an employer’s unlimited ability to test employees for COVID-19. On July 12, 2022, the EEOC updated its ongoing…
New DOL Guidance Addresses Mental Health Leave Under FMLA
After the past few years have heightened feelings of stress and isolation for so many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation lately. Recently, the Department of Labor reminded employers that mental health affects employees…
6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee), which provides that…
What Employers Need to Know About Long COVID
While the worst of the COVID-19 pandemic is hopefully behind us, the disease still impacts the employment landscape and likely will continue to do so for some time. Out of the millions of people who have had COVID in the United States, it is currently estimated that 10-30 percent will develop residual symptoms or medical…
Podcast: Important New Legislation in Mississippi and Implications for Employers
Butler Snow attorneys Robin Banck Taylor and W. Mackin Johnson were recently interviewed on the latest episode of the Employment Law Alliance’s Employment Matters Podcast. In this episode, we discuss two recent legislative updates in Mississippi, including a bill banning workplace vaccine mandates for public employers, as well as the state’s first Equal Pay Act.
Mississippi Governor Signs Bill Banning Workplace Vaccine Mandates for Public Employers and Requiring Public and Private Employers to Permit Religious Exemptions
Mississippi joins the list of states limiting public employer COVID-19 vaccine mandates. On April 22, 2022, Gov. Tate Reeves signed a bill banning public institutions and agencies from discriminating against people based on their COVID-19 vaccination status or whether the person has an immunity passport.[1] The new law prohibits state and local government agencies…
Legislative Alert: Mississippi Passes Its First Equal Pay Act
On April 20, 2022, Governor Tate Reeves signed the “Mississippi Equal Pay for Equal Work Act.” The new law, which takes effect on July 1, prohibits an employer from paying one employee less than another employee of the opposite sex for equal work. To be considered “equal,” the work must require equal skill, education, effort,…
We Can’t Work It Out: Congress Blocks Mandatory Arbitration of Employee Sexual Assault and Harassment Claims
With support on both sides of the aisle, Congress recently passed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This legislation affects employment contracts that include pre-dispute arbitration agreements. Such agreements require employees to agree—before the existence of a dispute—to engage in arbitration rather than file a…