First, there was my Golden Rule of Employee Relations: Treat your employees as you would want to be treated (or as you would want your wife, kids, parents, etc., to be treated).
Friday, August 13, 2021
What Would Ted Do? #WWTD
First, there was my Golden Rule of Employee Relations: Treat your employees as you would want to be treated (or as you would want your wife, kids, parents, etc., to be treated).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 12, 2021
Coronavirus Update 8–12–2021: Justice Department confirms that ADA applies to Covid “long-haulers"
A few weeks ago I opined that the ADA likely covers Covid long-haul symptoms as protected disabilities that employers must accommodate.
In recently published policy guidance, the Department of Justice agrees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 11, 2021
Coronavirus Update 8–11–2021: Mad as hell
How are you? Delta is spiking Covid infection rates to their highest levels since last winter. Hospitals are again facing a crisis of space. Breakthrough infections are a grim reality. Masks are again becoming part of our daily lives. How am I? I'm mad.
How mad? Mad enough to voice my resentment to WebMD.
"I am angry, I am resentful, and I think it’s a fair and appropriate response," says Jonathan Hyman, a Berea, OH, attorney who blames the unvaccinated for the backslide in pandemic progress.
Hyman has been following the difficult guidelines health experts have been urging from the beginning. He has been masking up, avoiding large gatherings, postponing travel, and he signed up to receive the vaccine as soon as it was available.
"We have been responsible, I did everything I was supposed to do," says Hyman, 48, who didn't visit his parents for 18 months to keep them safe. "Yet here we are, 16, 17 months later, and it feels like we're in the exact same place we were last summer, and it’s all because some people refuse to do the responsible things they were told to do."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 10, 2021
Coronavirus Update 8–10–2021: Vaccines and religions accommodation requests
"I need an accommodation for your mandatory vaccination policy. The vaccine is against my religion."
As more employers roll out vaccine mandates, more will be faced with this exact scenario.
Title VII requires an employer to reasonably accommodate an employee's sincerely held religious beliefs, practices, or observances, as long as the accommodation does not impose an undue hardship.
Two, and only two, religions, however, actually support people not getting vaccinated as a tenet of the religion — Christian Scientists and the Dutch Reformed Church. There are an estimated 106,000 Christian Scientists in the United States, and 194,000 members of the Reformed Church. That's a tidy total of 300,000 potential religious objectors based on their religion's actual teachings, period (or only 0.25% of all employees). But that minuscule number does not end the inquiry.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, August 9, 2021
Coronavirus Update 8–9–2021: CNN fires three employees for lying about vaccine status
CNN — which is requiring all in-person employees to be fully vaccinated — has fired three employees for going into the office unvaccinated.
In the past week, we have been made aware of three employees who were coming to the office unvaccinated. All three have been terminated. Let me be clear — we have a zero-tolerance policy on this. You need to be vaccinated to come to the office. And you need to be vaccinated to work in the field, with other employees, regardless of whether you enter an office or not. Period. We expect that in the weeks ahead, showing proof of vaccination may become a formal part of the WarnerMedia Passcard process. Regardless, our expectations remain in place.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, August 6, 2021
The 11th nominee for the “Worst Employer of 2021” is … the Cosby Suite
If you're my age, when you hear the name Activision you think of games like Kaboom!, Pitfall!, and the Atari 2600. If you're younger you might think of Tony Hawk's Pro Skater or Call of Duty. No matter your age, after you read this lawsuit, you'll only be able to think, "OMG, what the hell is wrong with them?!"
According to the lawsuit the State of California is bringing against Activision Blizzard, "During a company event … [key World of Warcarft developer Alex] Afrasiabi would hit on female employees, telling [them] he wanted to marry them, attempting to kiss them, and putting his arms around them. This was in plain view of other male employees, including supervisors, who had to intervene and pull him off female employees. Afrasiabi was so known to engage in harassment of females that his suite was nicknamed the 'Cosby Suite' after alleged rapist Bill Cosby."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, August 5, 2021
Coronavirus Update 8–5–2021: Debunking dangerous anti-vax theories and organizations like The Solari Report
You've read my posts from earlier this week, listened to the newly self-appointed quarterback of Team Vaccine Mandate, and decided to require the Covid vaccine for all of your on-site employees. After you announce your mandate, an employee enters your office to present the following ultimatum: "I'll get the vaccine," the employee tells you, "as soon as you sign off on this document."
The employee then hands you the following form, which it found on a website called The Solari Report.
Form for Employees Whose Employers Are Requiring Covid-19 Injection
— The Solari Report (@solari_the) August 2, 2021
This puts employers in a box. This is a form every employee who is faced with this needs to submit to the authorized officer of their company. It is 100% legally accurate, forces them to respond to your questions ttps://t.co/stuFAl0888">pic.twitter.com/stuFAl0888
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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