Onik'a Gilliam-Cathcart

EEOC Guidance on the Impact of COVID-19 on EEO Laws

Coronavirus / COVID-19, Employment

On April 9, 2020, the Equal Employment Opportunity Commission published a FAQ regarding the impact of COVID-19 on equal employment opportunity laws enforced by the agency, such as the Americans with Disabilities Act and the Rehabilitation Act.  Below are some highlights: For purposes of protecting the rest of the workforce, what information may employers ask […]


Onik'a Gilliam-Cathcart

Update: Families First Coronavirus Response Act Regulations Filed

Coronavirus / COVID-19, Coronavirus / COVID-19, Employment

On April 2, the Secretary of Labor filed temporary regulations for the implementation of the Families First Coronavirus Response Act (FFCRA). Signed into law on March 18, FFCRA creates two new leave opportunities in response to the COVID-19 pandemic: the Emergency Paid Sick Leave Act (EPSL) and the Emergency Family and Medical Leave Expansion Act […]


Onik'a Gilliam-Cathcart

Washington Close to Amending Child Pornography Laws to Address Teen Sexting

Education

Of particular relevance to our public and private educational institutional clients, Washington State is closer to amending its child-pornography laws to consider the impact that technology and child development have on teens and the prosecution of such cases. HB 1742 would decriminalize or lower the penalties for certain types of transmission of teen sexual imagery, […]


Onik'a Gilliam-Cathcart

What You Should Know About the Proposed Title IX Regulations

Education

By and large, independent schools are not subject to Title IX and its guidance regarding sexual misconduct complaints.  However, often our parents have Title IX-like expectations.  Under the Obama administration, more aggressive enforcement was the norm and the parent expectation.  Education Secretary Betsy DeVos rescinded those guidelines in 2017.  On Friday, November 16, 2018, the […]


Onik'a Gilliam-Cathcart

New Washington Law Limits Discovery of Health Care Information

Employment

Effective today, June 7, is a new law passed by the Washington Legislature that limits discovery of health care information in claims for non-economic damages brought under the Washington Law Against Discrimination (WLAD), RCW 49.60.  Under the new section, health care information will not be relevant to a claim unless the claimant puts their health […]


Onik'a Gilliam-Cathcart

Refusal to Hire an Applicant Due to Prior Opposition to Discriminatory Practices of a Prior Employer Can Expose Employer to Liability Under WLAD

Employment

On November 9, the Washington State Supreme Court (WSSC) en banc filed its opinion on the certified question of whether “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation in opposition to discrimination against a different employer.”  In short, the WSSC concluded yes, […]