Protecting licenses in a fog of law, policy and health care A whirlwind surrounds the question of whether to legalize medical or recreational marijuana use. In most states, legislators, governors or voters have made various changes to state laws in this regard– or...
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Employment Discrimination
Federal contractors have heightened nondiscrimination responsibilities
According to the Office of Federal Contract Compliance Programs (OFCCP), federal contractors employ about one-fifth of the national workforce, including many in Kentucky. It is important for these employers to understand that, depending on the size of their annual...
Can telework be a reasonable accommodation of an employee’s disability?
Working from home has become more normalized during the current pandemic, but telework has been a potential option for a worker with a disability for decades. Specifically, under federal anti-discrimination law, a covered employer must provide a reasonable...
Should caste be a protected class under our employment laws?
Kentucky and federal anti-discrimination laws protect certain classes of people who have historically suffered from discrimination in employment, housing and public accommodation. Federal law requires most employers not to discriminate against employees or job...
Part 2: Can an employer require employees to get COVID-19 vaccinations?
In part 1 of this post, we explained that the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance about employer-imposed vaccinations against the novel coronavirus. The agency’s main message is that federal anti-discrimination laws do not...
Part 1: EEOC provides guidance for employers about COVID-19 vaccines
In Dec. 2020 – just as vaccinations against the novel coronavirus were starting to become available to Americans – we posted in this space information about whether employers would be able to require that employees get vaccinated. In that post, we advised employers to...
Tennis star stood up for her mental health: Takeaways for employment
International headlines recently blared news of Japanese tennis pro Naomi Osaka’s choice not to participate in a post-match news conference, citing depression and anxiety, followed by her withdrawal from the French Open. Only 23, her courage and protection of her own...