By James L. Curtis, Mark A. Lies, II, Patrick D. Joyce, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: OSHA Administrator Loren Sweatt recently blogged related to heat illness in the work place as “forecasters are calling for above-average heat in some parts of the country and scorching temperatures in July and August.” Sweatt suggests six items to keep in mind as employers prepare for a hot summer. We had…

The Employment Law Lookout 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. In the meantime, we want to wish all of our readers, contributors, and editors a safe and happy Fourth of July holiday.  We hope you are able to spend time with family, friends, and loved ones and rest assured knowing that we’ll be on the lookout for…

By John Ayers-Mann, Christopher W. Kelleher, Daniel B. Klein, Robert A. Fisher, and Ariel Cudkowicz Seyfarth Synopsis: Massachusetts will move to the second step of Phase II of the State’s reopening plan beginning today, June 22. Updated COVID-19 guidance issued by the Baker Administration increases office occupancy limits to 50% of maximum capacity, permits indoor table service at restaurants, allows use of retail dressing rooms by appointment, and allows close contact…

By Benjamin Conley, Emily Miller, Leon Rodriguez, Sam Schwartz-Fenwick, and Cameron Smith Seyfarth Synopsis: For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Today, in a landmark 6-3 decision authored by Justice Gorsuch, the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against LGBT individuals. The Court explained…

By James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The Occupational Safety and Health Administration (OSHA) has released a series of frequently asked questions and answers regarding the use of masks in the workplace to assist the regulated community. Right up front, the FAQs settles once and for all the question of whether OSHA considers cloth or makeshift face coverings to be regulated PPE: they are not. The FAQs…

By Linda C. Schoonmaker and Brian A. Wadsworth Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961. The former employee plaintiff claimed that her employer discriminated against her when it terminated her employment and failed to honor her accommodation request after the employer made the decision to terminate her employment. In disagreeing with the plaintiff, the Court issued strong…