Articles

Academic analysis: Fired for storming the Capitol? Of course

Can you be fired for joining a violent mob that storms the Capitol? Of course you can. Based on my experience as a law professor and lawyer specializing in employment law, I doubt that most employers are losing sleep over whether such decisions are legally justified.

Read More

To mandate or not to mandate: Employers preparing for COVID-19 vaccine

While the pandemic continues to rage and pharmaceutical makers get closer to developing an effective vaccine, Americans’ willingness to get inoculated has slipped. Battles over the vaccination will probably spill into the workplace, and employers are already starting to consider policies and plans for ensuring their workers’ health along with making possible accommodations to those who object to getting the shots.

Read More

Dozens file court support for gay teacher in fight with Archdiocese of Indianapolis

The fight over a teacher at Cathedral High School who was fired for being in a same-sex marriage is highlighting a split between conservative and progressive members of the Catholic faith with several members of the Indiana legal community — including a former 7th Circuit Court of Appeals Judge and an Indiana attorney prominent in Republican politics — now adding their voices in opposition to the Archdiocese of Indianapolis.

Read More

Giving and taking: Landmark high court LGBTQ employment ruling clouded by ministerial exception expansion

Just as celebrations were starting over the U.S. Supreme Court’s ruling that Title VII protections cover transgender workers, another opinion from the nine justices shielded religious organizations from lawsuits by expanding the ministerial exception legal doctrine and injected more energy into potential religious liberty challenges to anti-discrimination laws.

Read More

States look to ‘salary history bans’ to increase pay equity

Using what’s known as “salary history bans,” governments at the state and local level are limiting employers’ ability to consider a candidate’s previous wages when making an employment decision. The breadth of these bans varies by jurisdiction, but the concept remains the same: under a salary history ban, an employer cannot explicitly ask a prospective employee what they earned in a previous job.

Read More