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McBrayer Blogs

Showing 2 posts tagged Anti-Discrimination.

Something in the Air: Is a Negative Atmosphere a Hostile Environment?

Hostile EnvironmentEmployers sometimes still grapple with the notion of what conduct supports a claim of a hostile work environment. The easy answer is generally the negative atmosphere must be sufficiently severe and pervasive, but it also must rise to the level of actual harassment of an employee or group of employees on the basis of a protected characteristic. In other words, negative workplace interactions alone aren’t enough to give rise to a hostile work environment claim without more. Recent decisions underscore this distinction enough to give employers at least a little relief over the kinds of employee conflicts that occur on a daily basis. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

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