Change on the Horizon: What the Government Transparency Act Could Mean for Public Employers

Julia Hooten

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…

Can Employers Require COVID-19 Vaccines?

Jennifer Milak

On December 16, 2020, the EEOC published guidance for employers concerning mandatory COVID-19 vaccination requirements. The EEOC stated than an employer does not violate the ADA disability-related inquiry prohibition when the employer requires the employee to show proof of receipt of a COVID-19 vaccination.  However, the EEOC warned employers to not ask the employee why…

SCOTUS Holds That Title VII’s Prohibition on Sex-Based Discrimination Also Prevents Discrimination Against Homosexual and Transgender People

Matt Marriott and Latasia Fields

On June 15, 2020, the Supreme Court of the United States published an opinion in Bostock v. Clayton County resolving the dispute among the Courts of Appeals over the scope of Title VII’s protections for homosexual and transgender persons. In the 6-3 decision, the Court held Title VII prohibits an employer from discriminating against an…

Unmasking the Confusion: COVID-19 – Are Employees Required to Wear Masks?

Chris Stipes, Natalia Isenberg and Jennifer Milak

In light of North Carolina entering “Phase 1” of lifting its COVID-19 restrictions, this article addresses issues involving employer requirements and employee use of facemasks, respirators, gloves, and other personal protective equipment (“PPE”). Current Guidance Here is what our government agencies are recommending. Equal Employment Opportunity Commission (“EEOC”) The EEOC released guidance that indicates an…

Employment Law: COVID-19 Question of the Week 4

Jennifer Milak and Julia Hooten

Question: When an employee returns to work after a COVID-19 diagnosis, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? Answer: According to the EEOC’s March 2020 published guidance, yes. However, practically, as healthcare providers’ time and resources become limited, such requirements may pose real practical problems. For questions or…