In a unanimous decision, the U.S. Supreme Court recently clarified the circumstances under which an employer may deny a request for a religious accommodation under Title VII. Specifically, in Groff v. DeJoy, the Court held that in order to justify denying a request, an employer must now demonstrate that granting a religious accommodation would
Discrimination & Harassment
Senate Passes Bill to Prohibit Forced Arbitration in Sexual Assault and Sexual Harassment Claims
Many employers require their workers to sign arbitration agreements at the outset of employment, and it’s no wonder why. These agreements allow employers to require arbitration of many employment-related disputes, rather than participate in lengthy, expensive lawsuits.
On February 10, 2022, the United States Senate passed a bill that will prohibit this practice with respect…
PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says
As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.” Earlier this year, we also shared that the Superior Court confirmed that…
Long COVID may be a disability, Biden Says
The Biden Administration announced earlier this summer that Long COVID may qualify as a disability under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act and several other federal statutes offering protection for disabled individuals. The Centers for Disease Control and Prevention has defined “Long COVID” as new or ongoing symptoms of COVID-19 that can…
PA Superior Court Affirms the Existence of a Cause of Action for Discrimination Under the Medical Marijuana Act
An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding of the Superior Court in the case of Moses Taylor Hospital v. Palmiter. As you may recall, we discussed…
The Supreme Court’s Landmark Decision on LGBTQ Rights and What it Means for Employers
On June 15, 2020, the U.S. Supreme Court issued its long-awaited decision in Bostock v. Clayton County and two related cases that presented the same issue: whether employment discrimination on the basis of an individual’s sexual orientation or gender identity constitutes unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. In…
EEOC Provides Guidance on Employer Testing for COVID-19
The Equal Employment Opportunity Commission (EEOC) updated the guidance document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws” on April 23, 2020 to address employer testing for COVID-19 in the workplace. The EEOC’s guidance document is a series of technical questions and answers geared…
Medical Marijuana Musings (Two Years Later)
Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were added to the listed of qualifying serious health conditions and employers started to field questions from employees who wanted to use (or already were…
New Jersey Expands its Medical Cannabis Act to Include Workplace Protections
Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use. Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical Cannabis Act “requires an employer to waive a drug test as a condition of employment for federally-prohibited…
EEO1 Component 2, Pay Data Analysis Becomes A Reality
By now, you are no doubt aware that the long-debated pay data component (“Component 2”) to the EEO1 Report is a requirement for this year’s reporting. The requirement first surfaced in 2016 but was the subject of repeated litigation that kept it from being implemented. Now, the EEOC has stated that it will open a…