Volume 20 | October 2021
HR & the Law in the News
This Month's Stories: COVID-19 Vax; Sex Discrimination, FLSA, ADA, & more.
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President's Path Raises Wrath

On September 9, 2021, President Biden announced his "Path Out of the Pandemic."

On September 16, 2021, 24 states announced they will "seek every legal available option" if the President does not reconsider his plan, alleging it is "illegal....vastly overbroad and inexact."

Concurrently, employers are scrambling to learn more about their obligations under the various new vaccine requirements, including five employment-related parts of the plan.
Female.
Sex Discrimination: The Debates Continue
In the last five weeks, there have been a number of lawsuits challenging how sex discrimination is or should be defined under various laws. Issues include sex stereotyping, sexual orientation and gender identity (SOGI), and when religion should play a role in private sector employment decisions.

Click here for a recap of four (4) related cases.
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FLSA Text Benders
Can an employee who earns more than $200,000 per year still be non-exempt and have the right to be paid overtime under the Fair Labor Standards Act (FLSA)? The 5th US Circuit Court of Appeals (covering LA, TX, MD) recently said, “Yep!” (That’s not a quote). How does that work?
Don't Fast Forward To Reverse Discrimination
Sometimes the law considers inaction to be an act or decision to do nothing. That can land you in hot water. Such may have been the case for an employer whom the U.S. Equal Employment Opportunity Commission (EEOC) reports failed to act when three white women reported they were being racially harassed by a black coworker. 
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Rejecting or Selecting ADA Accommodations
After he is coached and counseled on some job performance issues, an employee disclosed his disability (autism) and submitted a list of ten requests for RA. The employer offered to provide five of the ten requests. When that did not work, the employer offered the employee the option to transfer to another job. When that did not work, the employee took a medical leave of absence, did not return to work, but did file a lawsuit alleging failure to accommodate, discrimination, and hostile work environment in violation of the Americans with Disabiilties Act (ADA).

What did the court say on the three claims and why?
UPCOMING EVENTS
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2021 Webcast Series' (2)
Get all 11 Webcasts in either series for one flat fee:

"Regular" series for HR Professionals: $200 per person.
New Series, "HR & the Law for Managers": $225 per person.
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.