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What I’ve Been Reading This Week


Paid time off, vaccine accommodation requests, and pronouns in the workplace.  To say we are running the gamut of employment law topics this weeks is an understatement.  Regardless of your preferred article, each of the below articles has a bit of a nuanced look at a particular development on the given matter.  I encourage readers to page through each as these are relevant updates worth a read.

As always, below are a couple articles that caught my eye this week.


Congressmen Call for Better Paid Time Off For Workers to Get Vaccinated

Last Friday, Congressmen Jerry Nadler and Alex Padilla wrote a letter to Marty Walsh, Secretary of Labor at the Labor Department, and Jeff Zients, the White House Coronavirus Response Coordinator, calling for the adoption of more paid time off for workers to get the coronavirus vaccine.  In the letter, the Congressmen ask the Labor Department to determine if paid time off can be provided to workers for vaccination related time away from work as well as for the Labor Department to clarify any requirements related to paid time off while getting the vaccine.  Given that the White House is working hand in hand with the Labor Department to encourage vaccinations in the workplace, it will be interesting to see if this letter spurs either the Labor Department or White House toward action.


United Airlines Hit With Lawsuit Alleging Failure to Accommodate

On September 21st, a lawsuit was filed against United Airlines by several workers that claim the company violated Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act by failing to accommodate employees that sought exemptions from the company’s vaccine mandate.  United, as with many other employers, instituted vaccine mandates for its workers a few months ago.  While certain religious or medical exemptions might have enabled workers to forgo this vaccine mandate, the lawsuit alleges that United violated federal law by failing to accommodate these exemption requests from workers.  The lawsuit, Sambrano v. United Airlines Inc., is still in the early stages of litigation but worth keeping an eye on over the coming months.


Employer Hit With $30,000 Judgment in Pronoun Discrimination Lawsuit

Pronouns in the workplace…a point of contention (or pride) for many.  This article notes a recent judgment from the British Columbia Human Rights Council (“Council”) that found an employer unlawfully discriminated against a non-binary, gender fluid, transgender worker who was ultimately terminated.  The lawsuit alleged that the worker requested “they/them” pronouns be used in the workplace, but coworkers instead used “she/her/sweetheart/honey” pronouns.  The employee was summarily terminated a few days later after a stand off with coworkers (including a bar manager) over the pronouns.  The Council held that the termination was not unlawful because of the requested use of pronouns but instead because the employee was transgender.  For those looking for a bit more reading on pronouns in the workplace (and the potential pratfalls that might arise), this article is worth a quick read.

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