LIABILITY TRENDS
THE COVID-19 PANDEMIC
The ongoing COVID-19 pandemic has forced many organizations to make serious workplace changes such as having employees work remotely , adjusting office setups , or conducting significant staff layoffs or furloughs . And with these changes , EPL claims followed . Some of the most common pandemicrelated EPL claims include the following :
• Allegations that unsafe working conditions or minimal precautionary measures ( e . g ., poor sanitation practices , a lack of social distancing protocols , or inadequate personal protective equipment ) contributed to employees getting sick or dying from COVID-19
• Allegations of retaliation after an objection to unsafe working conditions or workplace exposure to individuals displaying COVID-19 symptoms
• Allegations of disability discrimination related to remote working ( e . g ., failing to accommodate remote staff or denying employees the option to work remotely )
• Allegations related to employee leave concerns ( e . g ., forcing staff to take leave , retaliating against employees that take leave due to COVID-19 , or not allowing staff to take leave due to COVID-19 altogether )
• Allegations of laying off or furloughing staff without providing proper employment notices
• Allegations of discrimination related to laying off or furloughing employees
With these trends in mind , it ’ s crucial to fully document and review any organizational changes created by the COVID-19 pandemic . These changes should be reviewed to ensure they adequately consider the needs of your workforce and are compliant with employment law .
SOCIAL MOVEMENTS Several social movements have led to an increase in EPL claims in recent years , including the # MeToo movement and the Black Lives Matter movement .
The # MeToo movement largely contributed to a 50 percent rise in sexual harassment lawsuits against employers over the past few years , according to the US Equal Employment Opportunity Commission ( EEOC ). This movement emphasizes how important it is for employers to implement effective sexual harassment prevention measures ( e . g ., a zero-tolerance policy and a sexual harassment awareness training program ), reporting methods , and response protocols .
The Black Lives Matter movement has the potential to become a driving factor in race-related workplace discrimination and harassment lawsuits . This movement makes it increasingly vital for your organization to take steps to promote diversity , acceptance , and inclusion in the workplace as well as take any accusations or reports of racism seriously .
LGBTQ + PROTECTIONS Although the EEOC had previously released guidance stating that workplace discrimination and harassment based on sexual orientation , gender identity , and gender expression violated Title VII of the Civil Rights Act of 1964 , the US Supreme Court just recently confirmed in 2020 that Title VII protects gay and transgender employees from such treatment . While this is a relatively new development , the Supreme Court ’ s decision highlights the need for your organization to ensure all LGBTQ + employees feel properly supported in the workplace .
AGE DISCRIMINATION According to the US Bureau of Labor Statistics , the share of employees over
30