Category: BLOG
COVID-19 May Constitute a Disability Under the ADA
As we continue to grapple with COVID-19 and its everchanging variants, the EEOC has updated its guidance on determining if COVID-19 constitutes a disability under the Americans with Disabilities and the Rehabilitation Act (“ADA”). Released on December 14, 2021, the guidance states that, under certain circumstances, COVID-19 may constitute a disability under the ADA. To …
Continue reading “COVID-19 May Constitute a Disability Under the ADA”
Minnesota’s Revived Law on Reasonable Accommodations
Individuals with disabilities are afforded considerable legal protection against workplace discrimination under both state and federal law. The Minnesota Human Rights Act (“MHRA”) is our state law that prohibits discrimination, harassment, and retaliation based on protected characteristics in Minnesota. In the context of individuals with disabilities, the MHRA provides that, except when based on a …
Continue reading “Minnesota’s Revived Law on Reasonable Accommodations”
OSHA & CMS Unveil New COVID-19 Vaccination Rules – Potential Whistleblower Protections for Employees
On Thursday, November 4, 2021, both OSHA and CMS announced new vaccination requirements for private sector and healthcare workers. These rules may provide new protections for employees who experience retaliation for raising concerns when their employer is not in compliance with COVID-19 protection requirements. OSHA The Occupational Safety and Health Administration’s emergency temporary standard (ETS) …
Senator Chuck Grassley Discusses the Importance of the False Claims Act Amendments
On October 21, 2021, Senator Chuck Grassley discussed the importance of the False Claims Act during the Executive Business Meeting of the Senate Judiciary Committee. During his discussion, Senator Grassley exposed the fraud lobby’s efforts to undermine bipartisan, common-sense amendments to the #FalseClaimsAct, the government’s primary tool to fight fraud. Under the FCA more than …
DOJ Highlights Importance of Whistleblowers and False Claims Act to Deter Cyber Fraud
In 1865, it was whistleblowers who were critical in reporting fraud by those who provided the U.S. War Department with rusty rifles, boats that leaked, and hats that melted in the rain. Today, whistleblowers are now critical to protecting the United States in the digital space. No longer on the battlefield of the Civil War, …
Can You Be Fired for Not Getting the COVID Vaccine?
With over half of all Americans now fully vaccinated against COVID-19, some employers have begun slowly transitioning back to working in-person. And in doing so, many of those employers have implemented vaccine mandates. As a result, and perhaps to no surprise, some employees have either quit or been fired for not getting the COVID vaccine. …
Continue reading “Can You Be Fired for Not Getting the COVID Vaccine?”
Reflection on National Whistleblower Day 2021
Why do we honor whistleblowers today? We honor whistleblowers because we rely on them to expose corporate wrongdoing. Whether insider employees, consumers or patients – whistleblowers see illegal conduct and do something about it. We honor whistleblowers because they model integrity and courage. Whistleblowers take a stand knowing that blowing the whistle is risky business …
Continue reading “Reflection on National Whistleblower Day 2021”
COVID-19 – IS WORKING FROM HOME A “REASONABLE ACCOMMODATION” UNDER THE AMERICANS WITH DISABILITIES ACT?
For the better part of the last 15 months, employees across the country have been required to work remotely as the world has struggled with the effects of the COVID-19 global pandemic. Now, though, restrictions are starting to lift, and employers are beginning to ask, or, in some instances, insist, that their workers come back …
What is Marital Status Discrimination?
Were you fired from marital status discrimination, because of your spouse or something that your spouse did? Or, were you discriminated against at work because you are single, married, or divorced? Under Minnesota law, it is illegal for an employer to refuse to hire, terminate an employee, or discriminate against an employee based on their …
May is Mental Health Month – Be Aware of Your Protections
May is Mental Health Month – a time to promote and unite our efforts around mental health awareness. Millions of people in the U.S. are affected by mental illness each year. In fact, 1 in 5 adults will experience some form of mental illness during their lifetime.[1] Those numbers are destined to increase as the …
Continue reading “May is Mental Health Month – Be Aware of Your Protections”