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Scarred by SCCAR and Marred by MAR: Why to Avoid Arbitration Like COVID in the COVID Era (And What to Do When You Can’t)

I.  Introduction I was crestfallen after my first arbitration.  Here I was, on my own finally: “Eddy on the case.”  I had total creative control…I had a defense-minded arbitrator…I felt comfortable during the process.  I was a regular Clarence Darrow in there.  And then the result came back: a decision in the Plaintiff’s favor. I had...

EEOC Update to COVID-19 Guidance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,”

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID related guidance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address whether incentivizing employees to vaccinate complies with the Americans with Disabilities Act (“ADA”). The following are key updates: Employers may require employees...