On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. Intended to bridge the gap between other pregnancy protections and the ADA, the PWFA requires public and private employers with 15 or more employees to provide “reasonable accommodations” to an employee or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the…
Question Must the North Carolina State Health Plan provide transgender employees with gender affirming medical services (hormone therapy, surgery, and other affirming treatments)? Answer As of now, yes. A District Court judge has ruled in Kadel v. Folwell that refusal to cover gender confirmation procedures and treatment violates the Equal Protection Clause and Title VII of the…
Question How should an employer manage an employee’s at-home workspace? Answer Making the decision to allow employees to work from home presents its own set of challenges for employers. With many employees transitioning to working from home, even on a part-time basis, it is important for employers to understand how to effectively motivate, reward, and…
Question Now that COVID-19 is recessing in some areas, can employers mandate employees return to work in the office everyday rather than working from home? Answer While employers can require that employees return to working in the office instead of their homes, there are exceptions to the rule. Specifically, an employee with a disability whose…
In a recent decision issued by the North Carolina Court of Appeals, Judge Chris Dillion remanded Blackwell v. N.C. Dep’t of Pub. Instruction back to the Full Commission where a claimant’s appeal to convert her weekly benefits to a single, lump-sum award was denied. Background of the Case The claimant was a former high school…
Employers and adjusters in North Carolina have encountered the seven-day waiting period requirement when an employee is injured on the job and is out of work. While seemingly clear and straightforward, actual application of the seven-day waiting period to certain occupations or situations can be daunting. Seven-Day Waiting Period In North Carolina, the first seven…
On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation. Flash forward nearly a year…
A recent unpublished case from the Court of Appeals, Suazo v. Gutierrez-Bojorquez, reiterates the importance of obtaining certificates of insurance and ensuring coverage has not lapsed before allowing subcontractors to begin work on a project. Without proper coverage, general contractors can be held liable for injuries of their subcontractor’s employees. The plaintiff in Suazo was…
In general, except for basic information, the personnel files of public employers are mostly private. NCGS Sec. 153A-98 for County employees, and the companion statute for municipal employees, NCGS Sec. 160A-168, make private the personnel records of public employees, former public employees and applicants for public employment except for 12 enumerated specifics: Name; Age; Date of…
Question: Does an employer have to return an employee who took leave to the same position the employee worked prior to taking leave? Answer: In most instances, yes, an employee is entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave in…