The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed guidance entitled “Enforcement Guidance for Harassment in the Workplace” for employers enforcing laws that prohibit workplace harassment. The guidance, which the EEOC published in the Federal Register on October 2, 2023, provides the legal standards for workplace harassment claims and updated examples to illustrate situations that could lead to Read More
Federal Judge Allows Blue Cross Same-Sex Fertility Treatment Discrimination Suit to Proceed
An Illinois judge has denied a motion by Blue Cross Blue Shield to dismiss a same-sex discrimination lawsuit concerning coverage for couples undergoing fertility treatments. In denying the insurance company’s motion to dismiss, the judge found that the company may have denied the woman coverage under a policy that unlawfully discriminates against LGBTQ couples. The case is Murphy v. Health Care Service Corp., Case Read More
NLRB Releases Final Joint-Employer Rule
The National Labor Relations Board (NLRB) issued a final rule on October 26, 2023, that expanded the standard for when two employers conducting business with one another are considered joint employers under the National Labor Relations Act (NLRA). Being joint employers subjects them to various responsibilities under the NLRA, including being potentially liable for the unfair labor practices of one another. The Read More
Agencies Issue FAQs Concerning Surprise Billing QPA Calculation and Guidance on the Phased Reopening of IDR Portal
Three federal agencies – the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) – recently issued FAQs (Part 62) on the “qualified payment amount” (QPA) under the No Surprises Act. The agencies also published guidance on the phased reopening of the independent dispute resolution (IDR) portal. FAQs on Surprise Billing QPA The issues in Read More
Disabled Employee Sues Employer Under ADA After Being Fired for Failing to Return to Office Post-COVID
A disabled employee has sued his employer after he was fired for failing to return to the office following the COVID-19 pandemic. Zacchery Beval, who suffers from various medical conditions, has filed suit against his former employer, Electric Boat Corp., alleging discrimination under the Americans with Disabilities Act (ADA) and the Connecticut Fair Employment Practices Act. He claims that Electric Boat failed to Read More
‘Disturbing’ NFL Benefits Plan Still Claims Win At 5th Circ.
A panel of the U.S. Court of Appeals for the Fifth Circuit has reversed a district court decision awarding former NFL running back Michael Cloud higher disability benefits and back pay. Nonetheless, the panel agreed with many of the lower court’s findings, noting the NFL retirement plan’s “disturbing” and aggressively unfair treatment of former players who had suffered severely incapacitating on-the-field injuries Read More
Steel Co. Expected to Settle Paternity Leave Suit for $5M
Gerdau Macsteel Inc. has agreed to settle a paternity leave case that could cost the steel manufacturer as much as $5 million. After Gerdau denied Nicholas Johnson, a non-union employee, six weeks of paid paternity leave after the birth of his child, Johnson sued the company under Title VII of the Civil Rights Act and Michigan’s Elliot-Larsen Civil Rights Act. He alleged that he and other male employees were denied Read More
Massachusetts Federal Court Initially Approves $61M Retirement Funds Settlement in GE Retirement Fund Case
A Massachusetts federal court has given preliminary approval to a $61 million settlement in a pending lawsuit concerning General Electric’s (GE) alleged mismanagement of retirement savings invested in a proprietary fund. The settlement would partially reimburse about 200,000 current and former participants in GE’s 401(k) plan for losses incurred since September 2011 because of GE Asset Management’s comparatively poor Read More
7th Circuit Rules ADA May Require Accommodations for Commuting Employees
The U.S. Court of Appeals for the Seventh Circuit has ruled that the Americans with Disabilities Act (ADA) may require employers to provide reasonable accommodations for employees to commute. However, the court declined to establish a bright-line rule about when the ADA requires such accommodations. The case is EEOC v. Charter Communications LLC, 7th Cir., No. 22-1231 (July 28, 2023). An employee at Charter Read More
Court Vacates HHS Regulation Involving Drug Manufacturer Assistance and ACA Cost-Sharing Limit
A federal court has invalidated a 2021 U.S. Department of Health and Human Services (HHS) regulation as arbitrary and capricious. The regulation changed the relationship between direct financial support from drug manufacturers and the Affordable Care Act (ACA) annual limits on cost-sharing. The case is HIV and Hepatitis Policy Inst. v. HHS, 2023 WL 6388932 (D.D.C. 2023). Drug manufacturers often provide direct Read More
