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6th Circ. Won t Make EEOC Pay Fees For Fruitless Lawsuit
Law360 (December 18, 2020, 12:50 PM EST) The Sixth Circuit on Friday rejected an automobile parts manufacturer s bid to get attorney fees after defeating an EEOC suit accusing it of firing a worker as punishment for lodging a sexual harassment complaint, backing a lower court s finding.
A three-judge panel unanimously said that the retaliation claim in the U.S. Equal Employment Opportunity Commission s suit against HP Pelzer Automotive Systems Inc. was neither wholly without merit nor baseless, but rather was supported by evidence.
The panel noted that the lower court had held on three separate occasions that the claim wasn t frivolous, unreasonable or groundless, as required for courts to.
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At long last, in a very challenging year, some good news is finally here: the FDA has granted emergency authorization for the use of a COVID-19 vaccine, and the process is now underway to distribute the vaccine to millions of Americans. A second vaccine may receive emergency authorization very soon. Many employers eager to get their workforce back onsite are now asking the obvious question: Can we require that our employees get vaccinated? In typical lawyer fashion, the answer is… it depends.
The U.S. Equal Employment Opportunity Commission ( EEOC ) issued guidance this week acknowledging that, in most instances, employers can require employees be vaccinated before returning to work onsite. Under the Americans with Disabilities Act (“ADA”), employers have the right to require that an employee not pose a direct threat to the health or safety of individuals in the workplace. This section of the ADA allows an employer
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Harley Dealership Pays Up To End EEOC Sex Harassment Suit
Law360 (December 17, 2020, 5:18 PM EST) The three operators of a defunct Harley-Davidson dealership in Illinois have agreed to fork over $193,750 to end a U.S. Equal Employment Opportunity Commission suit brought on behalf of an ex-employee who allegedly faced constant sex harassment on the job and was fired when she complained.
The U.S. Department of Labor s anti-bias watchdog agency said the payout and other actions in a consent decree approved by a federal judge Wednesday will end a lawsuit the EEOC filed against DP Fox Ventures LLC, Fox Glenview LLC and Fox Illinois Staffing LLC alleging violations of Title VII of the Civil Rights Act at.
Employers Can Require Workers to Get Covid-19 Vaccine, U.S. Says
The federal Equal Employment Opportunity Commission said employees could be barred from the workplace if they refused the vaccine.
The administration of a Covid-19 vaccine by an employer doesn’t run afoul of the Americans With Disabilities Act, a federal agency said.Credit.Grant Hindsley for The New York Times
By Vimal Patel
Dec. 18, 2020
Employers can require workers to get a Covid-19 vaccine and bar them from the workplace if they refuse, the federal government said in guidelines issued this week.
Public health experts see employers as playing an important role in vaccinating enough people to reach herd immunity and get a handle on a pandemic that has killed more than 300,000 Americans. Widespread coronavirus vaccinations would keep people from dying, restart the economy and usher a return to some form of normalcy, experts say.
Dive Brief:
Employers can require proof that employees received a COVID-19 vaccine with some exceptions, the U.S. Equal Employment Opportunity Commission said in Dec. 16 guidance.
COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act, the EEOC said, but certain inquiries could implicate the ADA s rules on disability-related inquiries. Employers requiring vaccination or proof of vaccination must show that such inquiries are job related and consistent with a business necessity.
While federal law sometimes requires employers to grant exemptions for religious or disability accommodations, companies may be able to exclude workers who can t receive a COVID-19 vaccine under certain circumstances.