News & Analysis as of

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Telecommuting

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

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Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 16

Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more

Obermayer Rebmann Maxwell & Hippel LLP

Working from Home: A Reasonable Accommodation in a COVID-19 World

As noted in last week’s HR Legalist, as places of business are re-opening this Fall, employers should expect requests to continue working remotely, as working from home has become the new norm. Employers are not necessarily...more

U.S. Equal Employment Opportunity Commission...

Kindred at Home to Pay $160,000 to Settle EEOC Disability Discrimination Lawsuit

ATLANTA – Gentiva Health Services, doing business as Kindred at Home, a provider of home health services including nursing and rehabilitation assistance, will pay $160,000 to settle a disability discrimination lawsuit filed...more

Parker Poe Adams & Bernstein LLP

How to Evaluate Employee Teleworking Requests

Last week, North Carolina entered into phase three of its COVID-19 reopening process. As more businesses try to resume normal operations, a number of clients have asked about employees who express continuing concerns over...more

U.S. Equal Employment Opportunity Commission...

Kindred at Home Sued by EEOC for Disability Discrimination and Retaliation

Home Health Services Provider Placed Employee on Unpaid Leave After She Requested a Limited Period of Telework, Federal Agency Charged - ATLANTA – Gentiva Health Services, Inc. d/b/a Kindred at Home (“Kindred”), a provider...more

McGuireWoods LLP

EEOC Publishes New COVID-19 Teleworking Virus Screening Testing Guidance

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On Sept. 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance, offering additional instruction regarding the potential clash between teleworking accommodation requests and office...more

Seyfarth Shaw LLP

Pandemic Telework Does Not Create Presumptive Right to Telework Post-Pandemic According to EEOC

Seyfarth Shaw LLP on

Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a...more

Eversheds Sutherland (US) LLP

The EEOC has provided “guidance” to telework and the ADA

During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...more

Proskauer - Law and the Workplace

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Snell & Wilmer

A Summary of the EEOC’s New COVID-19 Guidance

Snell & Wilmer on

The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses: D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19: Employer Considerations for Returning Employees to Onsite Work

Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more

Seyfarth Shaw LLP

Compliance Alert: The EEOC Announces Its Views On ADA, Title VII, and ADEA Considerations During The Pandemic

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more

Butler Snow LLP

COVID-19 FAQ for Employers

Butler Snow LLP on

COVID-19 is already impacting employers and that impact will be ongoing. As the situation regarding COVID-19 continues to evolve, we will continue to monitor frequently asked questions and prepare our best answers with the...more

Farella Braun + Martel LLP

Coronavirus and the Workplace: Is Your Business Prepared?

The outbreak of the novel coronavirus (COVID-19) implicates numerous legal obligations for employers, including leave, medical privacy, and discrimination. Employers should prepare to implement policies that strike a balance...more

Smith Anderson

Coronavirus (“COVID-19”) - Employer Guidance and Strategies

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As the number of reported cases of COVID-19 increases in the United States and in the world, employers are faced with many questions and decisions about how to protect their workforces while continuing to run their...more

Jaburg Wilk

Is Telecommuting a Reasonable Accommodation?

Jaburg Wilk on

I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does....more

PilieroMazza PLLC

Weekly Update Newsletter - February 2019 #4

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GOVERNMENT CONTRACTING - The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Employer Not Required to Follow Employee's Preference to Work From Home

Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more

Bradley Arant Boult Cummings LLP

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

Constangy, Brooks, Smith & Prophete, LLP

Is Telecommuting A Reasonable Accommodation? It Depends.

Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common question...more

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