by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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The debate about voting rights has properly attracted the nation’s attention. There is no right more fundamental to this democratic republic than universal franchise—the right to vote. Just how and why the fairest...
The National Football League (NFL) recently levied a $10 million fine against the Washington Football Team (WFT) for fostering a workplace culture loaded with sexual harassment, bullying, and intimidation. The fine...
How the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) interact is a frequent issue for employers and can create confusion. A recent decision from the U.S. 8th Circuit Court of Appeals...
A former executive’s race discrimination claim can proceed to trial because the evidence suggested the employer showed favoritism in the process of disciplining and firing him for misconduct, the U.S. 10th Circuit Court...
Regular attendance at the worksite can be an essential job function, the 8th Circuit recently reminded employers, upholding the termination of an employee who had violated the employer's attendance policy. As a result...
Negligent credentialing lawsuits arise when a patient who has been injured in a hospital sues the medical provider for malpractice and the hospital for credentialing the physician. Negligent credentialing can go by many...
The U.S. Centers for Disease Control and Prevention’s (CDC) newest recommendations, allowing people vaccinated for COVID-19 to stop wearing masks in many situations, raise numerous questions for employers. They include...
Nondisparagement agreements, particularly if all parties are represented by legal counsel, have teeth and are enforceable in Iowa via court action. For example, the Iowa Court of Appeals recently issued an opinion about...
The "cat's paw" theory of liability applies when a biased supervisor who lacks decision making power uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action. The U.S...
After much anticipation, the Equal Employment Opportunity Commission (EEOC) recently released updated guidance on COVID-19 vaccination issues raised under the federal equal employment laws. How we got here In early 2020...
Finally, the time has arrived when most or all of your employees may safely resume on-site work. After discovering how effectively many of them can work remotely, however, some of you are rethinking your workforce...
An Ohio appellate court has issued a decision addressing what appears to be a novel issue: whether an employer can be sued for breach of contract for disparaging remarks about a former employee when a settlement...
Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee's FMLA interference...
Q Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her...
FedEx was sued by a current employee who alleged she was sexually harassed by a male team “lead.” The female employee alleged the individual was her supervisor and that the employer should therefore be held to a higher...
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