On May 17, 2022, Connecticut Governor Ned Lamont signed into law the so-called “captive audience” bill (Senate Bill 163), which prohibits employers from requiring their employees to (a) attend employer-sponsored meetings that have a primary purpose of communicating the employer’s opinion concerning religious or political matters, or (b) listen to speech or view communications that have a primary purpose of communicating the employer’s opinion regarding religious or political matters. The law goes into effect on July 1, 2022.
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The End of Forced Arbitration in Sexual Misconduct Cases
On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”). The Act, which takes effect immediately, amends the Federal Arbitration Act (the “FAA”) by narrowing both its scope and applicability. Specifically, the Act prohibits employers from forcing employees to settle sexual misconduct claims in closed-door arbitration venues.
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“Women-Only” Workout Areas Violate Connecticut Discrimination Laws
On January 25, 2022, the Connecticut Supreme Court ruled that local fitness centers violated Connecticut’s nondiscrimination statute by maintaining a separate workout area for women only.
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Supreme Court Blocks Enforcement of OSHA Vaccine-or-Testing Mandate
On January 13, 2022, the United States Supreme Court issued its highly anticipated decision blocking the Biden administration from enforcing an Occupational Safety and Health Administration (“OSHA”) rule mandating vaccine-or-testing for large businesses.
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OSHA Issues Long-Awaited Emergency Temporary Standard for Employers
On November 4, 2021, the Occupational Safety and Health Administration of the U.S. Department of Labor (“OSHA”), issued its long-awaited Emergency Temporary Standard (“ETS”), applicable to employers with at least 100 employees. The ETS was issued by OSHA pursuant to President Biden’s COVID-19 Action Plan, announced last month, and provides minimum requirements in the implementation of mandatory vaccination policies. The 490 page ETS is effective immediately, and preempts or supersedes any state or municipal law that conflicts with its requirements.
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President Mandates COVID-19 Vaccination For Millions Of Employees
On Thursday, September 9, 2021, President Joe Biden announced new COVID-19 vaccine mandates requiring all employers with 100+ employees to ensure their workers are vaccinated or tested weekly.
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Connecticut Prohibits Hair Discrimination
On March 4, 2021, Governor Lamont signed into law the CROWN Act, which stands for Creating a Respectful and Open World for Natural hair. Connecticut follows California, New York, New Jersey, Maryland, Colorado, Washington, and Virginia in adopting legislation that aims to prohibit discrimination on the basis of ethnic hairstyles historically associated with race.
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Department of Labor Revises “Health Care Provider” Exemption to COVID-19-Related Paid Sick Leave and Enhanced Family Medical Leave
The Families First Coronavirus Response Act (“FFCRA”) became law on March 18, 2020 in response to the COVID-19 pandemic. As we previously blogged on several (okay, numerous) occasions, the FFCRA comprises the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLA”), which provide paid leave in connection with certain COVID-19 related absences from work. Rather than go into each of those circumstances, you can click on any of the above links to our previous blogs. Although most employers are required to offer EPSLA and EFMLA leave to employees, employers are not required to extend leave eligibility to a “health care provider.”
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EEOC Prohibits Covid-19 Antibody Testing
The Equal Employment Opportunity Commission (“EEOC”) has issued new guidance stating that employers cannot require employees to undergo antibody or serology testing to determine whether employees were previously infected with Covid-19 or are otherwise immune to the virus. Employers cannot require antibody testing before allowing an employee to return to work or in assigning job duties. The EEOC’s previous guidance allowing employers to test employees for current Covid-19 infection remains in effect.
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EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes. The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic, while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies. Recent guidance addresses the following issues:
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