News & Publications

#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work

Employment Law This Week® - Episode 167

#WorkforceWednesday

It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news:

SCOTUS Rules Title VII Protects LGBTQ Employees

The U.S. Supreme Court rules that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 (“Title VII”) includes discrimination based on sexual orientation and gender identity. In a consolidated opinion addressing three separate cases, the Court held that when an employer fires an individual merely for being gay or transgender, the employer violates Title VII. Read about the case in more detail.

EEOC Says Older Workers Must Get Equal Treatment

The Equal Employment Opportunity Commission (“EEOC”) says employers cannot refuse to let older employees return to the workplace simply because of their age. The EEOC made clear that automatically excluding older workers from the workplace would violate the Age Discrimination in Employment Act. Click here for more.


Other Highlights

Remote Investigation Hurdles

As many employees continue working from home, there has also been an increased need for conducting workplace investigations remotely. Attorney Janene Marasciullo spoke with SHRM about the unique challenges of conducting a remote workplace investigation.

New York’s Phase Three Guidance

New York’s Phase Three return-to-work protocols now apply to all employers, even if their business is not one of the industries covered by that guidance. New York employers should update safety plans to conform to the amended protocols. Changes are detailed here.

Now Streaming

As a result of the COVID-19 pandemic, employers must now comply with Occupational Safety and Health Administration recordkeeping and reporting obligations. The agency has also launched hundreds of investigations involving COVID-19 hospitalizations and fatalities. Learn how to prepare for these obligations and new safe workplace challenges in our on-demand webinar series, presented by Bob O’Hara.

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need.


Subscribe to #WorkforceWednesday

Prefer to Listen?
You can listen to Employment Law This Week episodes on your preferred platform – Apple Podcasts, Google Play, Overcast, Soundcloud, Spotify, Stitcher.

Spread the Word
Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please share the edition each week on LinkedIn, Facebook, YouTube, Instagram, and Twitter, and your connections can subscribe for email notifications.

Trouble viewing the video? Please contact [email protected] and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C.