On June 29, 2023, amid a flurry of other newsworthy opinions, the Supreme Court issued a unanimous ruling in Groff v. DeJoy, modifying the legal standard which courts now must use to determine when an employer has to grant a...more
7/13/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
UPDATE: December 17, 2021 -
In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific...more
Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and...more
It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law...more
Employers have been waiting for some definitive guidance from the EEOC on the issue of vaccines in the workplace – and here it is! On May 28, the EEOC updated its Technical Assistance Guidance and has now stated with...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On the heels of the FDA’s approval of the Pfizer and Moderna COVID-19 vaccines, the EEOC updated its Technical Assistance Q & A to help employers navigate the latest pandemic related challenges. ...more
12/24/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The EEOC again updated its Technical Assistance Questions and Answers (Q&A), which we have been following closely, and previously covered on June 11, 2020.
In its most recent update, the EEOC addressed specific questions...more
Yesterday the EEOC updated its Technical Assistance Questions and Answers (Q&A), “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”...more
This is not the first time you’ve heard from us about flu shots in the workplace. And here we are again. Each flu season, employers find themselves in the hot seat when well-intentioned attempts to implement a policy...more
As January draws to a close, New York employers are confronting the reality of many new laws and regulations that govern the employment relationship – from the new Paid Family Leave law, to the new federal tax law. We are...more
1/22/2018
/ Earned Sick Time ,
Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Salary/Wage History ,
Sexual Harassment ,
Wage and Hour ,
Work Schedules
Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more
Fall is in the air – when the air becomes crisp, our thoughts turn to Halloween, turkey and — thanks to constant reminders — and our annual flu vaccine.
Many health care facilities have implemented policies which...more
Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more
Last week, UPS settled its long-running case with Peggy Young, the employee whose case went up to the Supreme Court after she was denied light duty. As many will recall from an earlier blog post, the high court found that...more
As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more
6/8/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Corporate Counsel ,
Disparate Impact ,
Disparate Treatment ,
Dress Codes ,
EEOC v Abercrombie ,
Hiring & Firing ,
Job Applicants ,
Popular ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship