News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation Health Care Providers

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Foley & Lardner LLP

An ADA Refresher For Cos. Navigating Remote Work Requests

Foley & Lardner LLP on

After roughly two years of isolation, the COVID-19 pandemic finally seems to be dissipating, which means employers across the country are starting to summon employees back to the office. Not all employees are thrilled...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues North Memorial Health for Disability Discrimination Against Deaf Applicant

Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency Claims - MINNEAPOLIS – North Memorial Health violated civil rights law when it failed to...more

Holland & Hart - Health Law Blog

CMS Vaccine Mandate for Healthcare Workers: Resources for Preparing Your Policies

Under the Centers for Medicare & Medicaid Services (CMS)’s new vaccine mandate for healthcare workers, facilities must draft and implement policies and procedures by December 6, 2021 to ensure covered personnel are fully...more

Foley & Lardner LLP

EEOC Updates Its Guidance on COVID-19 Vaccines Ahead of OSHA’s Emergency Temporary Standard

Foley & Lardner LLP on

As we await OSHA’s highly anticipated Emergency Temporary Standard (ETS)—which will require certain employers to implement “vaccine-or-test” policies—the Equal Employment Opportunities Commission (EEOC) recently updated its...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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

Dorsey & Whitney LLP

Considerations for Health Care Employers under Iowa’s Vaccine Passport Law and Recent CDC, CMS and EEOC Guidelines

Dorsey & Whitney LLP on

One of the last pieces of legislation the Iowa legislature sent to Governor Kim Reynolds’ desk for guaranteed signature was a bill banning vaccine passports in Iowa. House File 889 contains several prohibitions regarding...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

Jackson Lewis P.C.

EEOC Updates Its Guidance On Vaccine Mandates, Incentives, Confidentiality

Jackson Lewis P.C. on

In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more

Sherman & Howard L.L.C.

Employee’s Self-Diagnosis Of Mental Illnesses Not A Disability Under The ADA

In Jones v. McDonough, the U.S. District Court for the Middle District of Tennessee made clear that a plaintiff cannot rely on a self-diagnosis of mental illnesses to prove that she was entitled to an accommodation under the...more

Harris Beach PLLC

Recent Supreme Court Decision May Challenge Provider ADA Compliance

Harris Beach PLLC on

Health care providers frequently face ADA lawsuits from patients challenging their disability access policies or procedures, especially with respect to providing sign language interpreting services and other auxiliary aids...more

Harris Beach PLLC

Even in COVID, Health Care Providers Still Must Focus on ADA Compliance

Harris Beach PLLC on

Despite the challenges and disruptions posed by COVID-19, Americans with Disabilities Act (ADA) accessibility obligations to patients and health care employees are not suspended in the pandemic. In fact, the time may be...more

Nossaman LLP

Can a Healthcare Provider Require Employees to Take a COVID-19 Vaccine?

Nossaman LLP on

The short answer is yes, subject to certain exceptions and requirements. On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued guidance on whether employers can require their employees to take a...more

Moritt Hock & Hamroff LLP

Updated Covid-19 Guidance For New York Employers At The New Year

New legislation and guidance from the Equal Employment Opportunity Commission (the “EEOC”) have reset employer obligations regarding COVID-19 and vaccination leaves of absence. COVID-19 Leaves of Absence - On...more

Spilman Thomas & Battle, PLLC

Guidance Regarding Mandatory Vaccination Requirements for Employees and Residents of Long-Term Care

Long-term care facilities have been the epicenter of COVID-19 infections and deaths. According to the Centers for Disease Control and Prevention (“CDC”), nursing homes and other long-term care populations are at a high risk...more

Husch Blackwell LLP

COVID-19 Hospice How-To Series: The Latest on Testing and Vaccinating Employees

Husch Blackwell LLP on

In this episode, Husch Blackwell's Meg Pekarske is joined by colleagues Jenna Brofsky, Erica Ash and Wakaba Tessier who provide an update on the legal landscape related to COVID-19 testing and vaccinations. Their conversation...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC Issues Guidance On COVID Vaccines

And employers will like it. NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins. The U.S. Equal Employment Opportunity...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

Foley & Lardner LLP

Mandatory COVID-19 Vaccines: Coming to a Workplace Near You?

Foley & Lardner LLP on

Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level.  Encouraging news reports indicate that the race to develop a COVID vaccine is...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

Rivkin Radler LLP

EEOC Addresses Employees’ Opioid Use in New Guidance

Rivkin Radler LLP on

The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more

Fisher Phillips

EEOC Issues New Workplace Guidance On Opioid Use And Reasonable Accommodation Considerations

Fisher Phillips on

The Equal Employment Opportunity Commission recently released two new technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act in relation to the use of...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC's Opioid Guidance Works For All Legal Drugs*

An easy-to-read guide that works for all employees using legal meds.* The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more

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