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Disability Discrimination Equal Employment Opportunity Commission (EEOC) Disability

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

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The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Dentons

EEOC Guidance: At-Risk Employees and COVID

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As noted in a prior article, on July 12, 2022, the EEOC updated its COVID-19 guidance, in relation to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other equal employment opportunity laws. ...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

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Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....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

Poyner Spruill LLP

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

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On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

Fisher Phillips

7 Key Takeaways for Employers as EEOC Says COVID-19 Is “Sometimes” a Disability Under The ADA

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As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more

U.S. Equal Employment Opportunity Commission...

K&L Auto Crushers Settles EEOC Disability Discrimination Suit

Auto Recycler Fired Employee During Treatment for Cancer After Denying Her Requests for Accommodation, Federal Agency Charged - DALLAS – Tyler, Texas-based K&L Auto Crushers will pay $90,000 and furnish other relief to...more

Cranfill Sumner LLP

What is a Reasonable Accommodation in the Workplace?

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Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are prohibited from discriminating against a qualified individual on the basis of disability. A covered employer is required, absent an...more

U.S. Equal Employment Opportunity Commission...

City of Hammond to Pay $80,750 to Resolve EEOC Disability Discrimination Finding

City Improperly Subjected Employees to a Comprehensive Medical Exam, Federal Agency Charged - HAMMOND, Ind. – The U.S. Equal Employment Opportunity Commission (EEOC) and the City of Hammond, located in Indiana, reached a...more

Poyner Spruill LLP

Recent 4th Circuit Case Gives Best Practices for ADA Accommodation Claims

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Recently, the Fourth Circuit issued an opinion in an Americans with Disabilities Act (ADA) accommodation case, Elledge v. Lowe’s Home Centers, LLC[i]. The case shows the importance of employers paying close attention to the...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

FordHarrison

RHONY’s Ramona Singer Faces Backlash for Outing Her Co-Star’s Disability: A Cautionary Tale for Employers

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Any Real Housewives fans out there? I’m not ashamed to admit that I sometimes (with shocking frequency) set aside my Wall Street Journal and Brendon Burchard books on high-performance business habits to engage in a slightly...more

Jackson Lewis P.C.

Pandemic Leads To Accommodation Claims Under Federal And State Laws

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The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues LTI Services for Sex Discrimination 

Staffing Agency Refused to Hire Qualified Female Applicants as Receiving Associates, Federal Agency Charges - INDIANAPOLIS - LTI Services, LLC, a staffing agency which serves the northern Indiana and Chicago areas, violated...more

Vinson & Elkins LLP

How To Ask About COVID-19: Privacy Considerations

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The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Morbid Obesity Is Not ADA Disability

In recent years, federal courts have increasingly split over whether obesity in and of itself is a qualifying medical condition under the Americans with Disabilities Act. The EEOC and some courts have concluded that obesity...more

Manatt, Phelps & Phillips, LLP

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Bradley Arant Boult Cummings LLP

What Does the Future Hold and Does It Really Matter? 7th Circuit Holds ADA Doesn’t Necessarily Cover Future Impairments

Is everything covered by the Americans with Disabilities Act (ADA)? Although we all know the ADA broadly defines the conditions that are protected disabilities, the Seventh Circuit Court of Appeals’ decision in Shell v....more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

Jackson Lewis P.C.

Can You Be “Regarded As” Disabled Based On A Potential Future Disability?

Jackson Lewis P.C. on

This certainly sounds futuristic. (Pun intended.) Still, in a case just decided by the Eleventh Circuit Court of Appeals, EEOC v. STME, LLC, the EEOC espoused precisely this position. The EEOC sued STME for disability...more

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