Texas Governor Greg Abbott Signs SB 7 into Law: Implications for Employers and Employees

Texas Governor Greg Abbott Signs SB 7 into Law: Implications for Employers and Employees

On February 6, 2024, Texas will see a significant shift in its employment landscape following Governor Greg Abbott's recent signing of Senate Bill 7 (SB 7), a law that effectively prohibits private employers, regardless of their size, from enforcing COVID-19 vaccine mandates as a condition of employment.

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New York Votes to Prohibit Discrimination Based on Weight or Height

The New York City Council recently enacted legislation prohibiting employment discrimination premised on an individual's weight or height, signifying a critical advancement in the sphere of employment law. The law contains a provision granting an exception to employers for whom an employee's height or weight is intrinsically tied to the execution of vital job functions, as well as to operators or providers of public accommodations.

This legislation positions New York City alongside a select number of other cities that have already instituted prohibitions against weight-based discrimination, including Urbana, Illinois; Madison, Wisconsin; Binghamton, New York; San Francisco; Santa Cruz, California; and Washington, D.C. Moreover, the states of Michigan and Washington have passed similar laws, according to a study by Vanderbilt University.

This development signals a potential new direction in the ongoing battle against workplace discrimination, with an increasing focus on size discrimination. Recent data illuminates the pervasiveness of size discrimination, with a ResumeBuilder survey indicating that over a quarter of respondents reported experiencing weight discrimination in the workplace. This percentage increases dramatically to 53% and 71% when focusing on self-identified overweight and obese respondents, respectively.

Supplementing these findings, recent May data from the Society for Human Resource Management (SHRM) suggest that these experiences are not anomalous. According to SHRM, half of people managers reported a preference for interactions with "healthy weight" employees, while 11% acknowledged that obese individuals in their organizations are not treated equitably.

The impact of such bias extends beyond fostering a respectful and inclusive workplace environment; it may also significantly influence employee retention. A substantial 75% of workers who reported experiencing such discrimination indicated that it fostered a desire to leave their current employment.

The new law takes into account necessary allowances for height and weight considerations integral to the performance of essential job functions. It also does not prohibit employers from providing incentives that promote weight management within the framework of a voluntary wellness program. This balanced approach seeks to promote fairness while acknowledging the realities of certain job requirements.

Philadelphia Becomes First U.S. City to Protect Workers Against Retaliation for Reporting Coronavirus Conditions

Philadelphia Becomes First U.S. City to Protect Workers Against Retaliation for Reporting Coronavirus Conditions

Philadelphia’s city council unanimously approved a bill last week that will make it illegal for employers to fire, discipline, or otherwise retaliate against workers who speak up about unsafe coronavirus conditions.

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The ADA, Age Discrimination, And Worker Health During The COVID-19 Pandemic

The ADA, Age Discrimination, And Worker Health During The COVID-19 Pandemic

NELA - The National Employment Lawyers Association, in cooperation with the AARP, conducted a briefing last week in which experts in the field discussed the interplay of the ADA, Age Discrimination law, And Worker Health During The COVID-19 Pandemic.

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Department of Labor issues a new rule that blocks FFCRA paid sick leave Protections for Many American workers

The Department of Labor issued a new rule last week that essentially lets small businesses decide for themselves whether or not to give workers paid sick leave under the Congress's new law that sought to guarantee it. Essentially, they killed the new law.

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Tennessee Grants State Workers 12 Weeks Of Paid Family Leave

Paid family leave is gaining traction across the country. Last month, President Donald Trump signed the National Defense Authorization Act that includes a provision that grants federal workers the right to take up to 12 weeks of paid leave for the birth or placement of a child. This month Tennessee’s governor signed an order that will provide paid family leave to that state’s employees starting March 1st.

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Most American Workers Still Pay The Price Of No Paid Parental Leave

The country's two million government employees will gain 12 weeks of paid parental leave as part of a defense bill that President Donald Trump signed into law on Friday. But it still leaves about 80% of U.S. workers in the private sector with no access to paid family leave. 

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Bill Proposed by Senator Elizabeth Warren would expand the FMLA by protecting part-time employees

Senator Elizabeth Warren has proposed a bill that would expand the protections provided by the FMLA to certain part-time employees of large companies. According to a summary of the proposal, the law would require employers with more than 500 employees to offer available hours to current, available, qualified part-time employees before hiring new workers…..

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Momentum Builds For Ending Forced Arbitration: House Votes The FAIR Act Out Of Committee

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Taking a monumental step forward for workers, on Tuesday, September 10, the House Judiciary Committee marked up and approved (22-14) the Forced Arbitration Injustice Repeal Act (FAIR Act) (H.R. 1423). The House is expected to vote on the bill as soon as this week. Congress has never before voted on a comprehensive bill to end forced arbitration.

The FAIR Act would open the courthouse doors and restore workers' access to America's civil justice system. Among other things, the FAIR Act would make it unlawful for employers to impose arbitration on workers, unless the worker knowingly and voluntarily agrees to arbitration after a dispute arises or pursuant to a collective bargaining agreement. The FAIR Act bans arbitration in consumer, civil rights, employment, and antitrust disputes. The bill addresses many issues that are important in ensuring that workers are not bound by forced arbitration clauses.