News & Analysis as of

Americans with Disabilities Act (ADA) Hiring & Firing Genetic Information Nondiscrimination Act

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices

Jackson Lewis P.C. on

In a groundbreaking move, likely to have significant impact on employee hiring and HR tech, the New York City Council has passed a measure (“the NYC measure”) that bans the use of automated decision-making tools to (1) screen...more

Poyner Spruill LLP

Employers: Don’t Rely on Your Vendors for Wellness Program Compliance

Poyner Spruill LLP on

Many employers establish wellness programs for their employees and hire third-party vendors to administer them. A recent North Carolina case highlights why employers should have counsel review any wellness program, including...more

Adams and Reese LLP

Beat the Bots: Employer Risk in Delegating Hiring Practices to Artificial Intelligence— A Dilemma Worth Solving

Adams and Reese LLP on

As the hiring market surges in the post COVID-19 world, companies may be tempted to automate hiring systems by adopting artificial intelligence (AI), freeing up human resources professionals to engage with candidates at a...more

Jackson Lewis P.C.

COVID-19 Pandemic New Year: What Employers Should Know

Jackson Lewis P.C. on

The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

DirectEmployers Association

OFCCP Week In Review: December 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: October 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Epstein Becker & Green

Rule 5: Yes, My Employer Can Do That: Balancing employers’ rights and responsibilities with employee privacy – Return to Work in...

Epstein Becker & Green on

By now, those who have been following this series know the basics. You’ve formulated (or are in the process of formulating) a “return to work” plan, which includes, among other things, implementing policies and guidelines...more

Dentons

HR Quick Takes: Pre-Employment Physical

Dentons on

Q: What can I ask about in a pre-employment physical?  A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

U.S. Equal Employment Opportunity Commission...

SMS Group to Pay up to $62,000 to Resolve EEOC Discrimination Finding

SMS Group Must Refrain from Requesting or Requiring Disclosure of Genetic Information - INDIANAPOLIS - SMS Group Inc., formerly known as SMS Technical Services, LLC and SMS Millcraft LLC, headquartered in Cranberry...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

Epstein Becker & Green

Five Workplace Challenges for Employers in Changing Times

Epstein Becker & Green on

As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more

Littler

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Jackson Lewis P.C.

Top 5 Tips For Conducting Pre-Employment Medical Exams

Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

McAfee & Taft

EEOC alleges medical exams and questionnaires violate ADA, GINA

McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

Constangy, Brooks, Smith & Prophete, LLP

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

Seyfarth Shaw LLP

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Littler

Workplace Policy Institute Insider Report - January 2017

Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Littler

Workplace Policy Institute Insider Report - December 2016

Littler on

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

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