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Mar 18 2021
COVID-19DisabilityEmployee Benefits

American Rescue Plan Act of 2021 impacts benefits, leaves, and more

The American Rescue Plan Act of 2021 (ARPA), the latest COVID-19 relief bill, offers a 100 percent COBRA subsidy and expands eligibility for paid leave tax credits, among other provisions. The bill was signed by President Biden on March 11, 2021. COBRA subsidy: Employees who lose employer-sponsored group health insurance coverage due to involuntary termination…

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Mar 18 2021
COVID-19CaliforniaDisability

CALIFORNIA: DFEH addresses mandatory COVID-19 vaccination

The California Department of Fair Employment and Housing (DFEH) released updated employment guidance related to COVID-19 (coronavirus) on March 4, 2021, including mandatory vaccination policies. DFEH Employment Information on COVID-19 replaces previous guidance issued March 20, 2020 and July 24, 2020. The DFEH says you may implement mandatory COVID-19 vaccination policies requiring employees to receive…

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Feb 18 2021
Affirmative ActionHarassment & Discrimination

Google pays $3.8 million after OFCCP audit

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that Google LLC has agreed to pay over $3.8 million to resolve allegations of discrimination in pay and hiring, which came to light in a routine affirmative action audit of its facilities in California and Washington. The company, which is a federal contractor, signed a…

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Jan 21 2021
Affirmative ActionHarassment & Discrimination

New executive orders address diversity training, LGBTQ+ protections

President Biden has rescinded President Trump’s controversial Executive Order 13950: Combating Race and Sex Stereotyping, effective immediately. As we previously reported, the order prohibited federal contractors from training employees on “divisive concepts” related to race and sex discrimination. Later we reported that a federal court issued a nationwide injunction that temporarily halted enforcement while a…

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Jan 07 2021
Affirmative ActionHarassment & Discrimination

Court halts enforcement of executive order on diversity training

A federal district court has temporarily stopped the federal government nationwide from enforcing Executive Order 13950, Executive Order on Combating Race and Sex Stereotyping, to the extent that the order prohibits federal contractors from training their employees on “divisive concepts” related to race and sex discrimination and puts federal grantees at risk of losing their…

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Nov 19 2020
Affirmative ActionHarassment & Discrimination

OFCCP busier than ever as 2020 draws to a close

Federal contractors, take note: The Office of Federal Contract Compliance Programs (OFCCP) isn't slowing down in publishing new regulatory and enforcement initiatives, in addition to its ongoing affirmative action enforcement work. Recent agency actions include: Publishing a final regulation capturing the process for resolving allegations of discrimination in an affirmative action audit. The agency will…

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Aug 20 2020
Harassment & DiscriminationQ&A

Q&A: Establish a policy on political speech on clothing

Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in the private…

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Jun 16 2020
CaliforniaHarassment & DiscriminationIdaho

ALERT: Title VII protects sexual orientation and gender identity

In this 6-to-3 opinion written by Justice Gorsuch, the Court decided three different cases. All three employers admitted they had terminated employees solely because they were “homosexual or transgender.” In Bostock v. Clayton County, a county child welfare advocate was terminated for conduct “unbecoming” because he participated in a gay recreational softball league. In the case…

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Apr 09 2020
COVID-19Harassment & DiscriminationLeave Laws

Q&A: Be careful about treating “high risk” employees differently

Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on their age…

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Mar 19 2020
COVID-19Employee BenefitsHarassment & Discrimination

ALERT: New federal law provides paid leave for COVID-19 absences

Alert: New federal law provides paid leave for COVID-19 absences President Trump has signed the Families First Coronavirus Response Act, an economic stimulus package that offers employees certain emergency protections for absences related to the coronavirus (COVID-19). This new law will have a major impact on employers throughout 2020, as it expands the federal Family…

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Dec 10 2019
Harassment & Discrimination

Q&A: Approach retirement discussions with caution

Question: We are downsizing our accounting department. Two long-term employees over the age of 60 have repeatedly mentioned their intention to retire soon. They also have the highest salaries in the department. Can we eliminate their positions in the reduction in force? Answer: Not for the reasons you suggest! Proximity to retirement is an age-based…

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Sep 11 2019
DisabilityHarassment & DiscriminationTermination & Resignation

Balancing competing employee interests can be tricky

An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work together, and the…

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