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Americans with Disabilities Act (ADA) Employer Liability Issues Screening Procedures

Dentons

Factors Employers Should Consider as the EEOC Revises COVID-19 Testing Guidance

Dentons on

COVID-19 is here to stay – it’s a matter of learning to live with it.  As employers learn to operate with the reality of COVID in the workplace, the EEOC has updated its guidance on when employers can and cannot implement...more

Bass, Berry & Sims PLC

EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

Bass, Berry & Sims PLC on

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more

Akerman LLP - HR Defense

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the...more

Pullman & Comley - Labor, Employment and...

EEOC Places Further Limits on When an Employer May Require an Employee to Undergo Testing for COVID-19

On July 12, 2022, the federal Equal Employment Opportunity Commission (EEOC) quietly updated its Q&A instructing employers as to when they may require an employee to undergo COVID-19 viral testing (i.e., a test, such as an...more

Littler

EEOC Updates COVID-19 Guidance, Potentially Limiting Employers’ Ability to Screen Employees for COVID-19

Littler on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.  The agency’s update...more

Verrill

Double Check: COVID-19 Policy

Verrill on

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

Fox Rothschild LLP

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

Fox Rothschild LLP on

The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more

Perkins Coie

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more

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

California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims

California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more

Brooks Pierce

Justice Department and EEOC Issue Guidance on Disability Discrimination in Use of Artificial Intelligence in Hiring

Brooks Pierce on

As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022,...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Sherman & Howard L.L.C.

EEOC Updated COVID-19 Technical Assistance Provides Much Needed Guidance For Employers

On May 28, 2021, the EEOC updated its technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. This update follows the EEOC’s first hearing, convened to explore the...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

Butler Snow LLP on

As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

FordHarrison

Return-to-Work Takeaways from the NBA Bubble

FordHarrison on

Given that the NBA relied upon the Centers for Disease Control and Prevention guidance in developing the league’s protocols, many of the steps taken by the NBA can be implemented within other workplaces. But, of course, the...more

Maynard Nexsen

How employers can ensure federal law compliance by following updated EEOC guidance on COVID-19 screening and testing protocols

Maynard Nexsen on

As workplaces in North Carolina and South Carolina are opening back up, employers should make sure they are up to date on their rights and obligations to test or otherwise screen their employees for COVID-19 under the federal...more

Perkins Coie

COVID-19 and Discrimination: Takeaways for Employers Regarding the EEOC’s Updated Guidance

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for...more

Bricker Graydon LLP

EEOC elaborates on ADA compliance: COVID-19 and the return to work effort

Bricker Graydon LLP on

On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) published updated guidance on complying with the Americans with Disabilities Act (ADA) amidst the return to work effort during the COVID-19 pandemic....more

Seyfarth Shaw LLP

EEOC Update: The Commission Offers Updated COVID-19 Guidance To Address Additional ADA Considerations

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and...more

Mintz - Employment Viewpoints

Return to Work COVID-19 Testing Considerations

As employees increasingly transition back into the physical workplace, employers have begun to grapple with whether and how to deploy COVID-19 diagnostic testing as a return-to-work solution. Many employers want to avoid...more

Burr & Forman

Navigating the Minefield of Legal Challenges as Employees Return to Work

Burr & Forman on

Recalling Furloughed or Laid-Off Workers - Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first. ...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

Littler on

With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

Cohen & Gresser LLP

Protecting Employees From COVID-19 Without Violating Their Privacy Rights

Cohen & Gresser LLP on

A common response to widespread disease has always been to avoid contact with others until the disease runs its course. Many states adopted that approach to combat the COVID-19 outbreak by implementing stay-at-home orders,...more

Robinson+Cole Manufacturing Law Blog

Testing Issues Twist Manufacturers

The Novel Coronavirus, the speed by which science continues to discover new aspects of the disease and the response of the United States government to these developments has tested manufacturers.  One aspect of this testing...more

Sheppard Mullin Richter & Hampton LLP

Not Today Corona: EEOC Bans Employer Antibody Screenings

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”)....more

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