News & Analysis as of

Business Necessity Americans with Disabilities Act (ADA)

Obermayer Rebmann Maxwell & Hippel LLP

EEOC Provides New COVID-19 Workplace Guidance (Again)

Given the easing of the pandemic, the US Equal Employment Opportunity Commission (EEOC) has once again updated its guidelines relating to employers’ handling of COVID-19. These adjustments reflect the evolving nature of the...more

BCLP

EEOC Issues New Guidance on COVID-19 Employee Testing

BCLP on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more

Saiber LLC

EEOC Updates COVID-19 Testing Guidance for Employers

Saiber LLC on

Throughout the COVID-19 pandemic, the COVID-19 FAQs published by the U.S. Equal Employment Opportunity Commission (“EEOC”) have been an invaluable resource for employers. On July 12, 2022, the EEOC updated a number of Q&As,...more

Bradley Arant Boult Cummings LLP

More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test

Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more

Stark & Stark

Workplace COVID Testing Must Be "Business Necessity" United States Equal Opportunity Commission Says

Stark & Stark on

The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced...more

Steptoe & Johnson PLLC

EEOC Reinforces the ‘Business Necessity’ Test for On-Site COVID-19 Screenings

Steptoe & Johnson PLLC on

At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

McAfee & Taft

Court rules employee’s behavior justified mental health exam

McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Seyfarth Shaw LLP

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Parker Poe Adams & Bernstein LLP

Employer Can Require Psych Evaluation of Employee Who Threatened Suicide

The Americans with Disabilities Act only allows employers to conduct medical examinations of employees on the basis of business necessity. Last month in an unpublished decision, the Sixth Circuit Court of Appeals concluded...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

Bracewell LLP

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

Bracewell LLP on

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

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