Executive order

Under a new presidential executive order, employers may not provide any employee training that teaches employees “cannot and should not attempt to treat others without respect to race or sex” if the employer is a federal contractor.

Following a September 4, 2020 White House memorandum reprimanding federal agencies for holding “divisive, un-American” instruction on systemic racism, on September 22 Donald Trump signed Executive Order 13950, “Executive Order on Combating Race and Sex Stereotyping,” which prohibits federal agencies from “promot[ing] race or sex stereotyping in the Federal workforce or in the Uniformed Services.” The Order goes much farther than that, however, by providing that federal contractors “will not be permitted to inculcate such views in their employees.” Continue Reading New Executive Order Prohibits “Divisive” Diversity and Inclusion Training for Federal Contractors

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Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future. As we have seen in recent weeks, resurgences may occur at any time in different parts of the country. And epidemiologists have warned about a potential second wave of infections in the fall. Continue Reading Reopening and Readjusting: Preparing for a Diagnosis or Resurgence in the Coming Months

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In our last post, we discussed policy changes and new procedures that companies should consider as they reopen amid the COVID-19 pandemic, particularly given the increase in cases in many parts of the country. But companies cannot change policies in a vacuum: they must clearly and effectively communicate these changes to employees, customers, and the public. Clear, written policies will be ineffective if they are not communicated effectively. Continue Reading Reopening and Readjusting: Communicating COVID-19 Policies to All Stakeholders

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Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic. As cases have surged in recent weeks in new parts of the country, businesses have been forced to reassess their operational plans in both the near- and long-term. Owners and executives are paying close attention both to customer and employee safety. And businesses must be mindful of potential legal ramifications of their decisions. Continue Reading Reopening and Readjusting: What Businesses Should Be Thinking About

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Effective July 6, travelers coming into the City of Chicago from 15 designated high-risk states have been asked to quarantine for 14 days or risk incurring fines. With few exceptions to the order, employers will have to navigate the practical implications that are sure to arise as summer travel heats up. Continue Reading Stay Home, Chicago: Emergency Order Requires Travelers from High-Risk States to Quarantine

Earlier today, the U.S. Supreme Court held that discrimination based on sexual orientation or transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The Court’s opinion in Bostock v. Clayton County, Georgia resolves a circuit split and makes adverse employment actions against gay, lesbian, or transgender people illegal across the nation.

Continue Reading Supreme Court: Title VII Prohibits Discrimination Based on Sexual Orientation, Transgender Status

The City of Chicago has enacted an anti-retaliation ordinance effective immediately aimed at protecting employees from retaliation if they refuse to work at an employer’s premises in compliance with a public health order issued by the City or the State of Illinois. The ordinance also protects employees from adverse employment actions if they do not report to work at the employer’s worksite due to direction from their healthcare provider to stay at home or to care for an individual who has been directed to stay at home. Continue Reading Chicago’s Anti-Retaliation Ordinance Protects Some Employees from Reporting to Work

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In a widely watched case, the Seventh Circuit decided last week that companies that collect individuals’ biometric data may be able to defend their cases in federal court when plaintiffs allege a procedural violation of Illinois’ Biometric Information Privacy Act (BIPA). Continue Reading Good News for Companies: Seventh Circuit Holds Removal of Plaintiffs’ Biometrics Privacy Claims to Federal Court OK

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Thousands of businesses nationwide are trying to reopen after shutting their doors because of statewide stay at home orders due to COVID-19. Without question, this has created a significant burden on employers whose financial obligations – employee wages and benefits, rent and mortgage payments, among others – have not ceased despite economic uncertainty and decreased consumption across the board. Continue Reading To Terminate or Not to Terminate? How PPP Loans Impact Termination Considerations for Employers Seeking Loan Forgiveness

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Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune. Schiff Hardin’s Coronavirus Task Force is publishing this series to identify of-the-moment issues and potential liabilities facing businesses as they begin to re-open, transform their processes, and adapt to the new reality.

As businesses start to reopen across the country, customer-facing companies should consider best practices to reduce the risks of customer and employee exposure to the novel coronavirus, the cause of COVID-19. The right approach will differ based on the type of business, the state and local government guidelines and orders in place, and the geographic region in which the business operates. A hair salon in New York City, for example, will need to take different precautions than an outdoor nursery in Anchorage. Companies should develop a thoughtful plan to reduce the chance of exposure to the virus at a business given the ever-evolving scientific understanding of the disease. Here are five ideas that businesses can use to help ensure that their customers and employees remain safe. Continue Reading Five Approaches to Keep Customers and Employees Safe When Reopening