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A Guide for Employers Considering A Mandatory Flu Vaccination Policy (US)

As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading

Supreme Court Ruling Limits Insurer and Employer Contraceptive Obligations (US)

Earlier this month the Supreme Court of the United States upheld a regulation adopted under the Trump administration significantly cutting back the requirement that insurers and group health plans provide coverage for contraceptives without cost sharing under the Affordable Care Act (ACA).… Continue Reading

U.S. Supreme Court Adopts Broad Interpretation of the “Ministerial Exception,” Protecting Religious Schools Against Employment Discrimination Claims (US)

The religious education and formation of students is the very reason for the existence of most private religious schools, and therefore the selection and supervision of the teachers upon whom the schools rely to do this work lie at the core of their mission. Judicial review of the way in which religious schools discharge those … Continue Reading

“I Am Not Wearing That!” – What Can An Employer Do When An Employee Refuses To Comply With COVID-19 Workplace Requirements? (US)

With the reopening process well underway in all 50 states, employers are implementing a variety of plans, policies, and protocols to minimize the potential for employee transmission of the coronavirus in the workplace. These plans – discussed in our Employer’s Guide to Return-to-Work Issues – include making physical changes to the workplace, rearranging employee schedules, … Continue Reading

Veganism as a protected belief – putting flesh on the bones for UK employers

Much noise in the press last week about the decision of the Norwich Employment Tribunal that veganism is a philosophical belief protected under The Equality Act, so the obvious question is what this all means in practice. First, less than it looks.  The decision applies to “ethical veganism” only, not a regime adopted on fashion … Continue Reading

U.S. Supreme Court Relaxes Procedural Path for Title VII Litigants, Ruling EEOC Charge-Filing Process Not Jurisdictional

On January 23, 2019, we reported that the Supreme Court had agreed to review a decision from the Fifth Circuit Court of Appeals, Ft. Bend County v. Davis, which would answer conclusively whether the pre-filing administrative exhaustion requirement is jurisdictional (meaning that failure to fully exhaust administrative remedies would bar litigation) or non-jurisdictional and thus … Continue Reading

“Proselytise” (vb): (1) to advocate, persuade, cause to adopt; (2) to take material risks with your continued employment (UK)

Here is another case about how far doing your God’s bidding in the workplace protects you from disciplinary action by your employer or, put more prosaically, about the relationship between the unfair dismissal regime and your rights to freedom of religion under Article 9 of the European Convention on Human Rights.… Continue Reading

Holiday Party Tips to Ensure Too Much Cheer Does Not Turn Into a New Year’s Liability (US)

With the holiday season upon us, now is the time to assess your company’s upcoming holiday party, with the biggest concern being employee alcohol consumption. While there is no way to completely insulate your company from liability arising out of employer-sponsored holiday parties, other than a decision not to hold a holiday party all together … Continue Reading

Religious dress at work – where does the law now stand?

The vexed question of an employee’s right to manifest his religion in the workplace has twice raised its head in the EU courts in recent months. Employers seeking a definitive steer on the question should look away now. Both cases deal with similar facts and contain exhaustive reviews of relevant considerations and authorities, and then … Continue Reading
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