Many of our clients continue to develop and refine their remote work policies. Changes to employee expectations following the COVID-19 pandemic have made these policies a crucial recruiting and retention tool for many...more
In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more
The Americans with Disabilities Act (ADA) allows qualified disabled persons to sue based on interference with their civil rights under that statute. Earlier this month, the Sixth Circuit Court of Appeals rejected an...more
A client recently received a demand letter from an attorney representing a former employee who suffered a serious neurological incident. The employee’s spouse provided a doctor’s note indicating that the employee could...more
Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more
“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more
Under the Americans with Disabilities Act (ADA), employers cannot discriminate against an otherwise qualified individual with a disability or fail to provide reasonable accommodations that allow that person to perform the...more
On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more
The Equal Employment Opportunity Commission’s (EEOC) revised COVID-19 Technical Assistance Q&A clarifies how employers should evaluate employee requests for exemptions from mandatory vaccination requirements based on medical...more
Last week’s EmployNews included an article summarizing a federal district court decision in Louisiana that distinguished an employee’s use of CBD oil from the use of marijuana under federal law. This decision raises questions...more
In recent years, we have advised employers whose employees tested positive for marijuana, but the employee claimed that the positive test resulted from their use of legal CBD oil or related products. Some employers have...more
Title III of the Americans with Disabilities Act (ADA) requires public accommodations to provide goods and services accessible to disabled persons. While most Title III litigation has centered around access to physical...more
The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more
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
On December 14, the Equal Employment Opportunity Commission issued updates to its technical assistance for employers dealing with employees who are recovering from COVID-19 infections. The EEOC previously stated that...more
As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more
The Safer Federal Workforce Task Force has issued a guidance document intended to help implement President Joe Biden’s executive order requiring COVID-19 vaccinations and other measures for all federal workers and U.S....more
10/7/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
Reasonable Accommodation ,
Religious Accommodation ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety
Employers implementing mandatory COVID-19 vaccination requirements are facing a slew of requests for medical and religious exemptions. Most of these exemptions are based on things like a long-held religious belief or medical...more
Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more
July 26 was the 31st anniversary of the enactment of the Americans with Disabilities Act. In an announcement associated with that anniversary, President Joe Biden’s administration indicated that long-term symptoms associated...more
Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more
On May 28, the federal Equal Employment Opportunity Commission updated its COVID-19 “Technical Assistance Questions and Answers” for employers to provide additional guidance on vaccination policies. While the update does not...more
Last week, a client asked a timely and interesting question. The employer asked whether it can begin charging higher group health insurance premiums to employees who have declined the COVID-19 vaccination....more
Last week, federal legislation intended to clarify and expand protections for pregnant employees passed the House of Representatives. The Pregnancy Workers Fairness Act has been introduced each term since 2012, but this year...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
5/7/2021
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability ,
Dismissals ,
Employee Transfers ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Reasonable Accommodation ,
Remand ,
Reversal