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The US Supreme Court decision overturning Roe v Wade will have a significant impact on abortion procedures offered under employee benefits plans. On Friday 24 June 2022, in Dobbs v. Jackson Women’s Health Organization, the US Supreme Court reversed its holding in Roe v. Wade, which found a constitutional right to obtain an abortion. InDobbs the Court held the US Constitution does not confer a…
New guidance from the US Equal Employment Opportunity Commission gives the go-ahead to employers to offer incentives to employees to get vaccinated and provide educational material to encourage vaccination, under certain conditions. The new guidance On 28 May 2021, the US Equal Employment Opportunity Commission (EEOC) updated its guidance relating to employers’ obligations and limitations in responding to the COVID-19 pandemic in the workplace. Most notably, the…
This review of legislation and case law on hair and hair styling in the workplace in the US looks at recent state and federal anti-discrimination initiatives and gives guidance to employers on how to adapt their dress code and grooming policies. Executive summary Many have said that the workplace tends to be society’s battlefield, where culture wars play out and emerging trends go up against long-established…
Within hours of his inauguration on 20 January 2021, President Biden signed his Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. The Executive Order establishes the new administration’s policy prohibiting discrimination on the basis of gender identity and sexual orientation, and directs federal agencies to take affirmative steps to secure these rights. The Executive Order commits to enforcing the…
The right to free speech is protected by the First Amendment in the US, but what does this mean for private employers and employees? This article provides guidance on this topical question in the wake of the unrest at the US Capitol on 6 January. In the wake of the 6 January 2021 unrest at the United States Capitol Building and several social media outlets…
A new Bill in California confirms and extends the presumption that illness or death related to COVID-19 is an occupational illness. This article examines the conditions for the presumption to apply and the circumstances in which employers will be able to dispute it. On 17 September 2020, California Governor Gavin Newsom signed into law a bill (Senate Bill 1159, the ‘Bill’) which modifies and extends…
President Trump has extended the entry ban for individuals applying for green cards until 31 December 2020 and introduced a ban on foreign nationals seeking to enter the US on certain categories of work visa. This updates our alert of 22 April 2020, which discussed President Trump’s 60-day suspension on the entry of individuals applying for immigrant visas (‘green cards’) outside of the United States….
On 15 June 2020, the US Supreme Court held that LGBTQ+ workers are protected at a national level from workplace discrimination by Title VII of the Civil Rights Act. June is Pride Month. This year’s Pride Month has extra meaning for the LGBTQ+ community, allies and advocates. On 15 June 2020, Justice Gorsuch, writing for the 6-3 majority of the United States Supreme Court, handed…
The wave of protests following the death of George Floyd provide an opportunity for employers to reinforce actions against racism and discrimination in the workplace. This article provides suggestions on actions employers should consider in the light of recent events. The global response to George Floyd’s tragic and shocking death and other recent acts of injustice, including those involving Ahmaud Arbery, Christian Cooper, Breonna Taylor,…
Connecticut has introduced new legislation on sexual harassment in the workplace, including new policy and training requirements and additional protection for employees complaining of sexual harassment. Executive Summary In the continued fallout from the ‘#MeToo’ movement, Connecticut Governor Ned Lamont has signed new legislation imposing sweeping changes to Connecticut’s human rights law designed to reduce sexual harassment in the workplace and provide additional protections to victims of sexual harassment….
