News & Analysis as of

Americans with Disabilities Act (ADA) Employees Coronavirus/COVID-19

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Foley & Lardner LLP

The Majority of U.S. CEOs Say Employees Will be Back in the Office Full-Time; What Can You Do to Facilitate that Return?

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According to a March 2023 Pew Research Center article, prior to the COVID-19 pandemic, only 7% of employees with jobs that could be done from home actually worked from home. The article went on to note that 55% of the...more

Ballard Spahr LLP

EEOC Provides “Capstone” COVID-19 Guidance for Employers

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The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

Foley & Lardner LLP

Remote Work Considerations In A Post-Pandemic World

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The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror. Originally published in Law360 - June 1, 2023....more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Bradley Arant Boult Cummings LLP

2022, Who Were You? A Recap of Hot Issues in 2022.

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Foley & Lardner LLP

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

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Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

Sheppard Mullin Richter & Hampton LLP

EEOC Updates Guidance Concerning COVID-19 Testing

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the...more

Shutts & Bowen LLP

New EEOC Guidance on Covid-19 Testing

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On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19. Below are some highlights of the new EEOC guidance. (1) Employers Can Test Employees if Consistent with Business...more

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

Clark Hill PLC

Fourth Quarter Labor and Employment Industry Outlook

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In 2022, Congress and the Federal Administrative Agencies have continued to introduce new guidance and legislation for Human Resources. In particular, employers must be aware of the following: It’s Time to Review Your COVID...more

Verrill

Double Check: COVID-19 Policy

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While in March of 2020, I believe many individuals hoped that by July of 2022 we would no longer be concerned with COVID-19 Policies, such, unfortunately, is not the case. Yesterday, the EEOC updated its long-standing...more

K&L Gates LLP

COVID-19 Vaccination Sweepstakes: Best Practices for Employee Incentives

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In the current pandemic environment, employers are searching for increasingly creative ways to incentivize COVID-19 vaccination among their employees. “Vaccine sweepstakes,” by which employers offer cash or other prizes...more

Bradley Arant Boult Cummings LLP

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more

Foley Hoag LLP

EEOC Advises COVID-19 May Be ADA-Protected Disability

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On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Guidance to address when COVID-19 is a disability within the meaning of the Americans with Disabilities Act...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Sheppard Mullin Richter & Hampton LLP

EEOC Publishes New Guidance Regarding Objections to COVID-19 Vaccines Based Upon Employee Religious Beliefs

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) expanded its prior guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” to include recommendations for...more

U.S. Equal Employment Opportunity Commission...

EEOC Updates Covid-19 Technical Assistance to Cover Retaliation

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today to include more information about employer retaliation in pandemic-related employment situations. The...more

Verrill

Myth Buster: Employers, Vaccine Information, and HIPAA

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With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this...more

Bradley Arant Boult Cummings LLP

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Bradley Arant Boult Cummings LLP

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

The answer is it depends. Why is the employee refusing the vaccine? For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game...more

Bradley Arant Boult Cummings LLP

“You Just Gotta Believe”: COVID-19 Vaccination Religious Exemptions

COVID-19 vaccinations in the workplace are obviously a hot topic, especially in light of President Biden’s recent proposal that employers with 100 or more employees mandate vaccination or weekly testing. Most vaccine...more

Perkins Coie

COVID-19 Vaccine Questions Answered - Update

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With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for...more

McDermott Will & Emery

Can Employers Offer COVID-19 Vaccine Incentives for Employees?

McDermott Will & Emery on

Can employers offer incentives for employees to get a COVID-19 vaccine? In short, yes. Incentives may take many forms, such as a one-time bonus, a gift card or a few extra vacation hours. Employers can get creative. ...more

Bradley Arant Boult Cummings LLP

Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive Process

The United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder,...more

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