The ADA, Age Discrimination, And Worker Health During The COVID-19 Pandemic

The ADA, Age Discrimination, And Worker Health During The COVID-19 Pandemic

NELA - The National Employment Lawyers Association, in cooperation with the AARP, conducted a briefing last week in which experts in the field discussed the interplay of the ADA, Age Discrimination law, And Worker Health During The COVID-19 Pandemic.

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Department of Labor issues a new rule that blocks FFCRA paid sick leave Protections for Many American workers

The Department of Labor issued a new rule last week that essentially lets small businesses decide for themselves whether or not to give workers paid sick leave under the Congress's new law that sought to guarantee it. Essentially, they killed the new law.

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NELA Files Amicus Brief with U.S. Supreme Court in Support of Workers in James School v. Biel Discrimination Case

NELA Files Amicus Brief with U.S. Supreme Court in Support of Workers in James School v. Biel Discrimination Case

On March 11, 2020, the National Employment Lawyers Association (“NELA”) filed an amicus brief with the U.S. Supreme Court in St. James School v. Biel (consolidated with Our Lady Of Guadalupe School v. Morrissey-Berru (19-348 & 19-267)) urging the court to strike a delicate balance between religious organizations’ First Amendment rights and the right for workers to be free from discrimination in the workplace.

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FAQ: Employee Rights Regarding The Coronavirus Outbreak And Mandatory Quarantines

FAQ: Employee Rights Regarding The Coronavirus Outbreak And Mandatory Quarantines

The Coronavirus outbreak continues to spread with an ever-increasing number of deaths and infected individuals. Given how easily this disease spreads, authorities have imposed quarantines, such as on a cruise ship. But what happens if you have to miss work as a result of quarantine? What happens if an employer forces an employee to stay at home not as part of a formal quarantine but as a self-imposed isolation because the employer fears its employee may have been exposed to the virus somehow?

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The Vanishing Jury Trial: Fifth Circuit Continues To Be A Difficult Place To Get A Jury Trial In Discrimination Cases

Juries are meant to be the conscious of the community. Jury trials are the purest form of democracy in action. They act as a pressure relief valve of sorts for society and allow the people to have a say in determining what is acceptable behavior and what is not. By preventing the vast majority of discrimination cases from ever getting to a jury, the courts are effectively plugging up society’s pressure relief valve. And eventually, if things continue down this road, that pressure is likely to blow up.

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5th Circuit Reverses Summary Judgment Against Business Suing Another Business For Race Discrimination Under 42 U.S.C. 1981

The Fifth Circuit reversed the district court's dismissal of White Glove's racial discrimination claim, holding that White Glove did not need a racial identity to have standing to assert a 42 U.S.C. 1981 racial discrimination claim and White Glove has statutory standing to assert a section 1981 racial discrimination claim.

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Tennessee Grants State Workers 12 Weeks Of Paid Family Leave

Paid family leave is gaining traction across the country. Last month, President Donald Trump signed the National Defense Authorization Act that includes a provision that grants federal workers the right to take up to 12 weeks of paid leave for the birth or placement of a child. This month Tennessee’s governor signed an order that will provide paid family leave to that state’s employees starting March 1st.

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SCOTUS Argument Today re Causation Standard in Age Discrimination Cases

The Supreme Court will decide whether a plaintiff who files suit under that provision must prove that the federal government’s decision concerning their employment would have been different but for age discrimination, or whether the federal government is liable for age discrimination any time it considers an older worker’s age….

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