HPS Partner, Matt Kaminski, obtains dismissal with prejudice in employment discrimination suit.

As a supplement to its Guidance on Preparing Workplaces for COVID-19 issued in March 2020, the Occupational Safety and Health Administration ("OSHA") recently issued Guidance on Returning to Work, which focuses "on the need for employers to develop and implement strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training." While not creating additional binding regulations that are enforceable against employers, these OSHA resources aid in identifying areas of risk in the workplace and determining where appropriate control measures should be implemented. The Centers for Disease Control and Prevention ("CDC") has issued similar guidance and considerations.

The United States Supreme Court ended its Term in June 2020, with a landmark ruling that applies to all employers across the country with 15 or more employees – and it applies immediately. In Bostock v. Clayton County , the Court concluded that an employer violates Title VII's "because of sex" provision if the employer takes an adverse job action against an employee for being homosexual or transgender.

In the wake of COVID-19's harmful economic impact on several individuals and businesses, the federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act.1 This legislation created, among other economic boosts, the Paycheck Protection Program (PPP), a $349 billion loan program made available through the Small Business Administration (SBA).

For all employers – small or large – Covid-19 continues to create unique challenges in the workplace. A paramount consideration for all employers must be to ensure all members of its HR Department and supervisory personnel comply with federal antidiscrimination law when making employment decisions in the workplace.

As state-at-home orders are lifted and businesses reopen, Employers should be aware of new paid leave requirements that went into effect on April 1, 2020. In addition to ensuring compliance with established federal, state and local employment laws, Employers must also now navigate through several new employment laws and regulations brought about by the Families First Coronavirus Response Act (FFCRA).1