News & Analysis as of

Americans with Disabilities Act (ADA) Confidential Information Employer Liability Issues

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

McDermott Will & Emery

Can Employers Offer COVID-19 Vaccine Incentives for Employees?

McDermott Will & Emery on

Can employers offer incentives for employees to get a COVID-19 vaccine? In short, yes. Incentives may take many forms, such as a one-time bonus, a gift card or a few extra vacation hours. Employers can get creative. ...more

McDermott Will & Emery

EEOC Issues New Guidance for Mandatory and Voluntary COVID-19 Vaccine Programs

Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more

Butler Snow LLP

EEOC Issues New Guidance on COVID-19 Vaccine Incentives

Butler Snow LLP on

On the brink of a holiday weekend and the return of many employees from working remotely back to the office, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on Friday, May 28 regarding vaccinations in...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Conn Kavanaugh

EEOC Issues New Guidance on COVID Vaccination & Reopening of the Workplace

Conn Kavanaugh on

The U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on May 28, 2021 to help employers comply with federal anti-discrimination laws in reopening the workplace. The EEOC updated its Technical...more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

CDF Labor Law LLP on

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Spilman Thomas & Battle, PLLC

This Too Shall Pass: and Then What? Part 2 - Legal Considerations for Return-to-Work Decision-Making

In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more

Littler

Coronavirus (COVID-19) Employer FAQs

Littler on

The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle leave and accommodation, immigration,...more

Downs Rachlin Martin PLLC

Coronavirus Update: What Should Employers Do?

With confirmed cases in New Hampshire, Massachusetts, and Rhode Island, it appears the 2019 Novel Coronavirus (“COVID-19”), often referred to as the “Coronavirus,” may present significant issues for employers throughout New...more

Bradley Arant Boult Cummings LLP

Moving Up the Naughty List: Level of Progressive Discipline Can Be Non-Discriminatory Reason, Says Eighth Circuit

Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more

U.S. Equal Employment Opportunity Commission...

Jewish Board of Family and Children’s Services To Pay $60,000 To Settle Retaliation Suit

Social Services Agency Fired Employee Because She Complained About Disclosure of Confidential Medical Information, Federal Agency Alleged - NEW YORK, N.Y. - Jewish Board of Family and Children Services, a social service...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Franczek P.C.

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

Franczek P.C. on

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

Fisher Phillips

The ADA: A Far Cry From the ABCs

Fisher Phillips on

Qualified individuals, reasonable accommodations, undue hardship, fundamental alteration – these terms associated with the Americans with Disabilities Act (ADA) are a far cry from the simplicity of the ABCs, and cause much...more

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