DSV Legal Insights
June 2020
Article
How Does This Affect Employers?
The question: does Title VII’s prohibition of employment discrimination “because of sex” extend to gay, lesbian, and transgender employees? On June 15, 2020 the Supreme Court answered that question with a resounding “YES” in a 6 to 3 majority opinion authored by Justice Neil Gorsuch.

The issue came before the Court from three Circuit Courts of Appeals decisions that I previously discussed in a prior blog post . In Bostock v. Clayton County Georgia, a long-time county employee was fired from his job shortly after he began to publicly participate in a gay recreational softball league. In Altitude Express v. Zarda, a sky-diving instructor was terminated after he revealed to a client that he was gay. In RG and GR Funeral Homes v. EEOC, funeral director Aime Stephens was fired after she advised her employer that she was transitioning from male to female and would begin presenting at work as a female. All sued their employers, and the Circuit Courts of Appeal reached conflicting conclusions as to whether the adverse employment actions they each suffered because of their sexual orientation or gender identity violated Title VII.

Read more about guidelines employers need to implement now.
Recent Blog
OSHA’s guidance on COVID-19 has been fluid over the last several months and it has particularly been fluid on whether and when an employer has an obligation to record/report a COVID-19 incident as work related. As prior posts have indicated, an employer generally has a duty to record work-related injuries that require more than first aid or that result in loss of consciousness, days away from work, restricted work, or transfer to another job, among other reasons. Employers are also required to notify (i.e., report) directly to OSHA any fatality or severe injury at work (i.e., one that requires in-patient hospitalization). COVID-19 raises many complexities in assessing when to record or report the infection of an employee. The primary problem is, of course, determining whether the infection was work related.

Read more about OSHA guidelines and your responsibility as an employer.
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