The coronavirus pandemic has raised many issues for employers and older employees.  Many employees, over the age of 40, are faced with questions and concerns about the potentially discriminatory decisions being made by their employers regarding layoffs, terminations and returning to the workplace. A significant increase in age discrimination lawsuits is expected due to the pandemic. These claims will be based on the federal Age Discrimination in Employment Act (ADEA), which prohibits discrimination against workers…

In a June 18, 2020 unanimous decision in the case of Hosking v. Memorial Sloan-Kettering Cancer Ctr, 2020 NY Slip Op 03484, written by Justice Acosta, the Appellate Division, First Department, reversed a decision issued by Bronx County Judge Lizbeth Gonzålez which granted defendant’s motion for summary judgment dismissing the complaint of Jeanette Martinez.  At issue on appeal was whether Memorial Sloan-Kettering Cancer Center, the defendant employer, properly engaged in a good faith dialogue…

As non-essential businesses reopen, employers are grappling with issues of when and how to safely return employees to the workplace.  The use of antibody testing of employees has been posited as a potential screening tool to assist employers in their decision making, by identifying those employees who had COVID-19 and thus may have developed some measure of immunity. On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 related guidance to make…

During the pandemic, the Human Resources Administration (HRA), which administers Medicaid in New York City has responded with flexibility regarding the application and renewal process to ensure Medicaid applicants or recipients are able to access the care they need. Previously, HRA issued a General Information System message to announce changes to Medicaid eligibility and enrollment processes in light of COVID-19.  This week, HRA issued a new alert providing updated information on its handling of…

As the COVID-19 pandemic evolves, lawmakers and regulators in Washington have turned their attention to addressing the inevitable retaliation against employees who report misuse of the federal government’s pandemic relief funds and questions about the reopening process for workplaces. COVID-19 WHISTLEBLOWER BILL On June 15, 2020, Senator Kamala Harris and Representatives Jackie Speier and Jamie Raskin introduced  into Congress the COVID-19 Whistleblower Protection Act. If passed, the proposed bill would protect workers who blow the…

In a decision written by Justice Neil Gorsuch, in the case of Bostock v. Clayton County, GA, a majority of the United States Supreme Court has determined that LGBTQ workers are protected by Title VII of the Civil Rights Act of 1964. This historical ruling finally makes clear that an employer who fires an individual merely for being gay or transgender violates federal law. Despite using the pejorative term “homosexual” throughout the decision,…

Last week, the Equal Employment Opportunity Commission (EEOC) issued new guidance to employers related to addressing COVID-19 in the workplace.  As many workplaces are reopening, or planning to reopen, this updated guidance is timely and helpful for many employees and employers. Below is a summary of the major provisions of the additional guidance. Requests for Accommodation As many workplace sites are opening back up, the EEOC guidance addresses the question of employers inviting employees to…