by CUPA-HR
CUPA-HR General Counsel Ira Shepard highlights recent rulings around the Equal Employment Opportunity Commission (EEOC) issuing an opinion letter limiting its power to bring “pattern or practice” bias lawsuits, the EEOC concluding that workplace testing for COVID-19 does not violate the Americans with Disabilities Act as long as an employer’s testing is consistent with CDC guidance, state and local whistleblower protections for employees complaining of pandemic-related workplace health and safety problems beginning to become law, and more.
Those who participated in this year’s virtual annual conference experienced powerful and inspiring messages from keynote speakers and higher ed leaders on timely topics, such as systemic racism in the higher ed workplace; how the COVID-19 pandemic has changed the higher ed landscape, provided growth opportunities and strengthened bonds and trust; and much more. Here are three of our key takeaways. 
A common way higher ed institutions strive to enhance diversity and inclusion is by enrolling employees in training on the subject. According to Amanda Felkey, presenter for a recent CUPA-HR webinar, one evidence-based alternative to diversity and inclusion training is using commitment devices. Commitment devices not only prime our thinking for the day, they help us tap into our slow-thinking to form new habits and reprogram our intuition through exposure, enhanced familiarity and habit formation. 
On September 29, 2020, the U.S. District Court for the Northern District of California preliminarily enjoined the Department of Homeland Security (DHS) from implementing or enforcing any part of the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule (Fee Rule), which was set to take effect on October 2, 2020. 
In a recent CUPA-HR webinar, “Avoiding ADA Compliance Pitfalls in a COVID-19 World,” 71 percent of polled participants said they are somewhat worried and 22 percent said they are extremely worried about increasing ADA requests as employees return to work. Rae T. Vann, shareholder with Carlton Fields, shared several tips and strategies for higher ed HR pros to address these concerns in a fair and consistent manner. 
The last several months have been like nothing we have ever experienced, as COVID-19 disrupted and reshaped our lives and our work. These work and life challenges have taken a toll on our mental health and well-being, and it is so important that we acknowledge this and find ways to address these challenges for ourselves, our HR teams and our colleagues across campus. In September, CUPA-HR leaders from across the country met virtually in small groups and shared ways they are coping and thriving in this uncertain environment. Here are some of their recommendations.