News & Analysis as of

Workplace Safety Disability

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

BCLP

UK HR Two-Minute Monthly: June 2023

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Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...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

Spilman Thomas & Battle, PLLC

Evaluating COVID-19 as a Disability Under the ADA

In December 2021, the Equal Employment Opportunity Commission ("EEOC") updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act ("ADA"). The ADA is applicable to...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

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Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

Snapshot on Manufacturing Industry: January 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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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: December 2021 #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

McAfee & Taft

Depending on fact-based assessment, COVID may be considered disability under ADA

McAfee & Taft on

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Williams Mullen

EEOC Advises That COVID-19 Can Meet the Definition of a Disability Under the ADA and the Rehabilitation Act

Williams Mullen on

As Williams Mullen has previously reported here throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has been active in providing guidance to covered employers through its publication, “What...more

Spilman Thomas & Battle, PLLC

Tips for Navigating the Accommodation Requests Associated with Pandemic-Related Stressors

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more

Carlton Fields

COVID-19 Accommodation Trends Relating to Vaccination and Remote Work

Carlton Fields on

Introduction - The ongoing COVID-19 pandemic has altered the American workplace in countless ways, including with respect to workplace disability accommodation needs and issues. Since the start of the pandemic in early...more

Whitman Legal Solutions, LLC

Employers Can Require COVID-19 Vaccines

This article discusses whether employers can require COVID-19 vaccinations or tests or require that employees wear masks. I’m not a scientist or physician, so this article doesn’t discuss whether vaccinations or masks prevent...more

Foley & Lardner LLP

Return to Work Resistance: Navigating the ADA Interactive Process and COVID-19 Disability Accommodation Requests

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As vaccine proliferation continues, employers are preparing to welcome their workforces back to offices and job sites across the country. While many Americans are eager to return to pre-pandemic life, employers can expect...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

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

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

BCLP

Q&A COVID Workplace Vaccine Issues for U.S. Employers

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As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

BCLP

Coronavirus (US): Key vaccination issues for employers - Part 1

BCLP on

As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

Seyfarth Shaw LLP

Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals...more

Flaster Greenberg PC

Employers’ COVID Update: To Mandate Or Not To Mandate?

Flaster Greenberg PC on

Employers are growing accustomed to facing unprecedented decisions in every phase of this pandemic. As with many of the other situations employers have confronted over the past several months, whether to require employees to...more

Foley Hoag LLP

EEOC Issues Guidance on COVID-19 Vaccine

Foley Hoag LLP on

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding the intersection of employer COVID-19 vaccine policies and various federal equal employment opportunity...more

Foley & Lardner LLP

Do I Have to Return to Work During the Pandemic? Massachusetts Federal Court Grants Reprieve to Asthmatic Employee

Foley & Lardner LLP on

It is just a matter of time before most employers will have to decide whether and when it is legally permissible to require their respective workforces to return to the office after months of teleworking during the ongoing...more

Vinson & Elkins LLP

How To Ask About COVID-19: Privacy Considerations

Vinson & Elkins LLP on

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

Littler

Coronavirus (COVID-19) Employer FAQs (UPDATED)

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The increased spread of the novel coronavirus (COVID-19) in the United States presents employers with significant workplace challenges. The following Frequently Asked Questions (FAQs) are designed to address some of the...more

Ballard Spahr LLP

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

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The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

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