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In President Biden’s March 11, 2021 speech, he urged everyone to “stay vigilant” against the virus even as more vaccines are rolled out. The same applies to employers. Three recent developments—an employee lawsuit challenging mandatory vaccinations, new CDC guidance for those vaccinated, and a new OSHA enforcement program—all emphasize the uncertainties employers will continue to face through the spring and summer.
The roller coaster ride for private colleges and universities seeking a final determination on whether student workers—including graduate assistants—have the right to unionize may not be over yet.
In a long-anticipated move, the Occupational Health and Safety Administration (OSHA) launched a national emphasis program (NEP) on March 12, 2021, which is aimed at protecting workers in high-hazard industries from COVID-19. Following up on non-binding guidance first published on January 29 of this year, the NEP will focus on enforcement efforts at companies that have the highest concentration of workers who are at risk of contracting COVID-19 because of the nature of their job. The NEP also emphasizes that workers should be free from retaliation for exercising their right to complain about unsafe or unhealthy working conditions. OSHA is the federal agency tasked with ensuring safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.
When ruling on an academic medical center’s motion to dismiss, a federal district court recently held that Title IX may apply to academic medical centers if certain conditions are met. The court also went against the Fifth and Seventh Circuits, and instead joined the First, Third, Fourth, Sixth, and Tenth Circuits, by finding that Title VII does not prevent employees of educational programs from bringing a private cause of action for sex-based discrimination under Title IX.
Working parents are struggling to balance professional and personal obligations during the COVID-19 pandemic with many leaving the workforce as a result. This article explores how employers can support their employees and retain their talent with tangible suggestions to adopt moving forward.