No new laws or regulations have been adopted expanding legal liability to cover caregiver or victims of COVID-19. However, the EEOC’s guidance is a good reminder of what the law requires – and does not require – when addressing employees or applicants who may be caretakers.
Here are the top ten takeaways of what the guidance does and does not do.
On March 3, 2022, US President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act into law. The Act prohibits enforcement of a mandatory arbitration agreement with respect to sexual assault and sexual harassment claims.
The full impact of the Act remains to be seen (and likely will lead to significant litigation in the coming years), but in-house counsel can prepare for some of the potential implications.
There is a myth that trials are “dead” and that cases either settle or get decided on dispositive motions prior to trial. However, many cases do go forward to a jury trial for a variety of reasons. Therefore, from the outset, employers and counsel should prepare all cases for the possibility of trial.
California has been — and will likely continue to be — one of the most challenging regulatory environments in the country for employers. The following is a top ten list of California requirements to assist employers with compliance.
Remote work and flexible schedules have burgeoned with the spread of COVID-19 and are likely here to stay. Compliance issues such as the Form I-9 Employment Eligibility Verification affect all companies (regardless of whether they sponsor foreign nationals), and because of COVID-19 the relevant agencies have modified those processes.
The relative peace and stability employers experienced between 2017 and 2021 ended abruptly with the new Democratic majority on the National Labor Relations Board (NLRB), new NLRB General Counsel Jennifer Abruzzo’s pro-union policies, the Biden Administration’s labor initiatives and regulatory agenda and Congress’s legislative proposals favoring employees and increasing support and protection for unions.
Class and collective action litigation continue to evolve. Recently, appellate courts have issued precedential decisions affecting class size, composition and standards for certification.
The pandemic triggered an increase in the number and types of requests for reasonable accommodation, particularly in connection with returning to the workplace, vaccinations, face coverings and remote work. Employers should have a process for handling potential exemption requests for any mandatory vaccination requirements and reasonable accommodation requests for disability or sincerely held religious beliefs as well as a process that complies with a dizzying array of dynamic state requirements.
Since the Spring of 2020, employers have faced enormous practical and legal challenges due to the COVID-19 pandemic. On top of navigating the practical realities of the evolving public health emergency and related regulatory guidance, employers have had to affirmatively respond to shifting legal obligations and balance human resources considerations. Employers must continue to monitor the public health and legal landscape, as well as related HR considerations.
While COVID-19 has affected virtually every single employee and employer, caregivers — women in particular — have been disproportionately affected by the pandemic as a result of the increased demands they face as caretakers at home.