Readers will recall that we recently wrote about President Biden’s vaccine mandate which took shape in the form of an Emergency Temporary Standard (ETS) promulgated by the Occupational Safety and Health Administration (OSHA). Although enforcement of the ETS was halted by the federal Fifth Circuit Court of Appeals, the federal Sixth Circuit Court of Appeals recently revived the ETS, allowing it to go into effect. In response to the Sixth Circuit’s ruling, OSHA has delayed the deadlines for...
Sixth Circuit
An employer’s ‘honest belief’ and good recordkeeping helps it win pregnancy discrimination lawsuit
The United States Court of Appeals for the Sixth Circuit (which has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently considered the question of whether a former employee could prove that her firing was connected to her pregnancy, which would support a claim for pregnancy discrimination under the Tennessee Human Rights Act. The Sixth Circuit ruled for the employer, holding that the employer believed that the employee fraudulently filled out office paperwork and finding that...