Seyfarth Synopsis: Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment.
Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action
Continue Reading Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022
By Ada W. Dolph
Seyfarth Synopsis: Seyfarth has been working closely with the Illinois Chamber of Commerce to advance Illinois House Bill 559, sponsored by House Representatives Jim Durkin, Dan Caulkins, and Thomas M. Bennett. The bill has advanced out of Committee and is anticipated to be up for a vote this week. Seyfarth and the Chamber urge
Continue Reading Illinois Biometric Information Privacy Act (BIPA) Legislative Alert: Contact Your Legislator Today to Urge Passage of House Bill 559 Amending BIPA
By Christina Jaremus and Erin Dougherty Foley
Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of four discrimination claims brought by former Casino employees. The basis for the Court’s decision highlights
Continue Reading Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals reaffirms employers’ right to require compliance with valid safety requirements. And it serves as a helpful reminder that
Continue Reading Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements
By Brent I. Clark, Mark A. Lies, II, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and other COVID-19 precautions.
By Benjamin D. Briggs, Joshua M. Henderson, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: The Nanotechnology Research Center (NTRC), part of the National Institute for Occupational Safety and Health (NIOSH), has identified new safety hazards from the expanding nanotechnology industry.
We have previously blogged on future issues related to the
Continue Reading Future Enterprises: New Safety Hazards from Nanotechnology Materials and Processes on the Horizon
By Nila Merola and Cameron A. Smith
Seyfarth Synopsis: Both houses of the New York State Legislature passed the Gender Expression Non-Discrimination Act, which prohibits discrimination on the basis of gender identity or expression and adds offenses motivated by gender identity or expression to the hate crimes statute.
On January 15, 2019, both the New York State Senate and
Continue Reading New York State Legislature Passes Gender Expression Non-Discrimination Act
The Employment Law Lookout blog is taking a holiday break this week, but will resume delivering insightful discourse and updates on the day’s most pressing workplace issues next week.
As a reminder for employers we have previously posted these blogs on holiday safety topics and behaviors: Have Yourself a Safe, Undistracted, and Accident Free Holiday, Don’t Let Too Much
Continue Reading Happy Thanksgiving Holiday from the Employment Law Lookout
By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: This week at the 2018 National Safety Council (NSC) Congress the speakers on this Executive Forum noted that “automation, wearables, augmented reality, virtual reality, drones, big data, machine learning, the Internet of Things – emerging technologies are now almost too
Continue Reading National Safety Council Congress: Executive Forum Industry 4.0 – EHS in the Future of the Workplace
Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated for failing to get a flu shot due to his religious beliefs. In affirming the District Court’s decision granting the employer’s motion to
Continue Reading No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot