News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) New Guidance

Davis Wright Tremaine LLP

EEOC Issues Final Regulations on the Pregnant Workers Fairness Act – Key Takeaways for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) unveiled final regulations and guidance on the new federal Pregnant Workers Fairness Act (PWFA). The final regulations and guidance contain detailed guidance to help...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Bricker Graydon LLP

Accommodating Requests From Pregnant and Parenting Students

Bricker Graydon LLP on

With the beginning of a new academic year, many institutions are facing questions from pregnant and parenting students regarding academic adjustments or accommodations due to pregnancy, childbirth, or recovery therefrom....more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Fisher Phillips on

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

Proskauer - California Employment Law

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act

As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

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

The COVID-19 Emergency Declaration Has Ended - But Do the Accommodations Continue?

The U.S. secretary of health and human services declared a public health emergency (PHE) due to COVID-19 on January 31, 2020, and since that time, employers have faced a barrage of accommodation requests, largely in the form...more

Rumberger | Kirk

When are COVID-19 Policies a “Business Necessity”? The EEOC’s New Guidance on Navigating the Post-Pandemic Workplace

Rumberger | Kirk on

On July 12, 2022, The Equal Opportunity Employment Commission (EEOC) updated its guidance on the Americans with Disabilities Act (ADA) and the Rehabilitation Act as they relate to the pandemic. The new guidance recognizes...more

Poyner Spruill LLP

[Webinar] Mental Health In the Workplace - September 22nd, 12:00 pm EST

Poyner Spruill LLP on

The EEOC and the DOL have released guidance on employer obligations under the Americans with Disabilities Act and the Family Medical Leave Act when employees have mental health issues that interfere with their ability to...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Venable LLP

EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

Venable LLP on

The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...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

Akerman LLP - HR Defense

COVID’s Impact on Mental Health Prompts New Agency Guidance

The peak of COVID-19 infections may have passed, but the mental health effects of the pandemic continue to be felt, and government agencies are taking note. The U.S. Department of Labor (DOL) issued new guidance during Mental...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

Smith Gambrell Russell

EEOC Issues Artificial Intelligence Guidance

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Proskauer - Law and the Workplace

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more

Littler

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

Littler on

On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC issues guidance on use of AI in hiring

While still complying with the ADA. The Equal Employment Opportunity Commission issued some helpful guidance on Friday related to employers' use of artificial intelligence and algorithms and the Americans with Disabilities...more

Foley & Lardner LLP

Return to Work Considerations – COVID and the ADA

Foley & Lardner LLP on

Employers are contending with difficult challenges unlike any time in modern history. Even though many employees, especially in the manufacturing industry, returned to work after working from home during the COVID pandemic,...more

Bond Schoeneck & King PLLC

EEOC Caregiver Discrimination

On March 14, 2022 the EEOC issued new guidance regarding Caregiver Discrimination against employees or applicants who are caregivers, as it relates to the COVID-19 pandemic. Note that this guidance supplements, but does not...more

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