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What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

Have you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you? Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws […]

The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

What is the vaccine mandate? In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus). In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court. The […]

What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

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What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

Have you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you?

Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws and policies that can be difficult to understand, especially for someone who may be experiencing discrimination at the time. The good news is that there are laws set in place to protect employees from being discriminated against by an employer.

The Minnesota Human Rights Act (MHRA) and Title VII of the Civil Rights Act protect workers from discrimination. The laws refer to protected classes. It is illegal to discriminate against an employee because of their membership in a protected class. When it comes to employment discrimination, protected classes refer to a person’s race, color, creed, religion, national origin, sex, marital status, disability, public assistance, age, sexual orientation, gender identity, familial status, and local human rights commission activity.

This means that employers cannot discriminate against employees, or treat them differently, based on any of these protected classes. Now, discrimination can look different for everyone, and it can involve various types of negative treatment against someone, so it is important to speak to an attorney that specializes in these types of cases. The law in this area is complicated and changes frequently.

If you feel you have experienced discrimination or retaliation at work because you belong to a protected class, our attorneys at Kitzer Rochel are here to help. Please contact us today. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

What is the vaccine mandate?

In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus).
In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court.
- The first requires employers with 100+ employees to mandate vaccines (or weekly testing for those who do not want to be vaccinated).
- The second requires that healthcare facilities which receive federal funding implement a similar vaccine policy.
In January 2022, the Supreme Court struck down the first of the November 2021 rules. It held that it is unconstitutional to require employers to mandate vaccines and weekly testing.

So, what does all of this mean for me?

If you are a federal employee, you must be fully vaccinated.
If you are employed by a healthcare facility that receives funds through Medicare or Medicaid, you must be fully vaccinated or undergo weekly testing for COVID-19.

Can my employer mandate vaccines, testing, and masks if it chooses?

Yes. The Supreme Court did not ban employers from choosing to require that employees be vaccinated or undergo testing. It only prevented the government from mandating that employers implement this policy.
However, if your employer is a healthcare facility that receives federal funding (through Medicaid or Medicare), then it is still required to mandate vaccines and weekly testing.

My employer is a healthcare facility that receives federal funding and I think it is violating the vaccine mandate. Can I be punished for filing a complaint?

No. Many statutes prohibit employers from retaliating against employees who report legal violations or participate in investigations of alleged violations.
Employees can and should report violations of workplace safety laws, including federal and state OSHA regulations related to COVID-19.

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