Friday, August 27, 2021

Vehicle Repossession and Bankruptcy

 In Mississippi, there is a 10-day absolute right of redemption for a repossessed vehicle. If a bankruptcy is filed after the repossession, if the vehicle has not been sold and the title transferred to another party, once the bankruptcy is filed the lender must return the vehicle under the bankruptcy code.  The lender would also have to follow the statutory provisions for the disposition of the vehicle (i.e.-notice and right to redeem and notice of the date of the sale at auction or otherwise).   If the lender refuses to return the vehicle,  an adversary proceeding can be filed in Bankruptcy Court and you can recover damages, including attorney's fees and costs.   

Thursday, August 12, 2021

COVID-19 and Employers

 The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.  These principles apply if an employee gets the vaccine in the community or from the employer.   

In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated for COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer’s business.  The analysis for undue hardship depends on whether the accommodation is for a disability (including pregnancy-related conditions that constitute a disability) (see K.6) or for religion (see K.12). 

As with any employment policy, employers that have a vaccine requirement may need to respond to allegations that the requirement has a disparate impact on—or disproportionately excludes—employees based on their race, color, religion, sex, or national origin under Title VII (or age under the Age Discrimination in Employment Act (40+)).  Employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.

It would also be unlawful to apply a vaccination requirement to employees in a way that treats employees differently based on disability, race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age, or genetic information, unless there is a legitimate non-discriminatory reason.