Bennett & Belfort PC congratulates its partner David E. Belfort for his presentation at the Massachusetts Continuing Legal Education’s (“MCLE”) “25th Annual Employment Law Conference 2022” on the topic of “Employment Claims in the Almost Post-Pandemic World”
Mr. Belfort and his co-panelist, Bronwyn L. Roberts, Esq. explored a number of Covid related employment law topics, including a review of continuing legal challenges involving remote work, as more employees seek to work from home (WFH) in the long term. The presentation highlighted the importance of an individualized assessment and authentic interactive process in the context of reasonable accommodation requests aimed at securing a WFH workplace adjustment under the disability laws.
The panel explored the status of lawsuits by employees subjected to mandatory vaccination policies and the viability of medical and religious exemptions. Many of these cases remain actively litigated, although the trend has been for Courts to deny requests for preliminary relief and Temporary Restraining Orders (TRO) seeking to prevent the termination of unvaccinated employees.
Mr. Belfort also discussed the status of employee privacy as increasing numbers of workers WFH – causing many work spaces to physically and electronically move into private homes. The panel wrestled with question about how/whether an employer may conduct surveillance of an Employee’s personal computer used for work, whether and what home office expenses are now the responsibility of the employer and how to evaluate whether the essential functions of a position are capable of being performed while working from home.
Mr. Belfort was assisted by B&B Attorney Nafisa Bohra who conducted significant research in preparation for the presentation. Also attending the conference were attorneys Todd J. Bennett, Michaela C. May, Nafisa Bohra and Sudeshna Trivedi. The conference, this presentation and the panel’s power point presentation are available at: https://www.mcle.org/product/catalog/code/2230024P01