News & Analysis as of

Americans with Disabilities Act (ADA) Hiring & Firing Rehabilitation Act

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Seyfarth Shaw LLP

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Foley & Lardner LLP

EEOC Issues Updated Technical Guidance on COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws

Foley & Lardner LLP on

The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on...more

DirectEmployers Association

EEOC Updated 15 Items In Its Covid-19 Technical Assistance Guidance, Adding A New Standard For Employers Which Test Employees For...

On Tuesday, the EEOC once again updated its COVID-19 technical assistance Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” adding updates for 15 items. While the...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #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

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DirectEmployers Association

OFCCP Week In Review: August 2021

“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more

Jackson Lewis P.C.

For Once, Good Deed Goes Unpunished

Jackson Lewis P.C. on

What is an employer’s risk in terminating an employee who has suffered an injury or becomes disabled and no longer can perform the essential functions of the position? How can that risk be lowered?...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

DirectEmployers Association

OFCCP Week In Review: June 2020 #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

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Bowditch & Dewey

EEOC Releases "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws"

Bowditch & Dewey on

The U.S. Equal Employment Opportunity Commission (EEOC) has recently released Q&A guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. The guidance was updated on...more

U.S. Equal Employment Opportunity Commission...

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Technical Assistance Questions and Answers - Updated on April 9, 2020 All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus. - The EEOC enforces workplace anti-discrimination laws, including...more

Foley & Lardner LLP

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Foley & Lardner LLP on

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Baker Donelson

DOL Presents: The Ghost of Violations Past

Baker Donelson on

On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

Ballard Spahr LLP

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

Ballard Spahr LLP on

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

Pierce Atwood LLP

OFCCP Publishes New Affirmative Action Requirements For Protected Veterans And Individuals With Disabilities - What Federal...

Pierce Atwood LLP on

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules that make changes to the regulations implementing the Vietnam Era Veterans’ Readjustment...more

K&L Gates LLP

Contractors Beware: New Regulations Impose Additional Affirmative Action Burdens

K&L Gates LLP on

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations governing the recruiting and hiring of individuals with disabilities and veterans. See 41 CFR Part 60-741 and 41 CFR...more

Miller & Martin PLLC

New Affirmative Action Rules for Federal Contractors

Miller & Martin PLLC on

On August 27, the U.S. Department of Labor announced two significant final rules governing affirmative action. The Office of Federal Contract Compliance Programs (OFCCP) administers affirmative action requirements that...more

FordHarrison

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

FordHarrison on

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

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