News & Analysis as of

Americans with Disabilities Act (ADA) Employment Policies Undue Hardship

Parker Poe Adams & Bernstein LLP

Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more

Foster Swift Collins & Smith

Preparing Employers | New Regulations for the Pregnant Workers Fairness Act: Michigan Labor and Employment Law

On April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA). The new regulations, which will take effect June 18, 2024,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Plaintiff Must Show Ability to Perform Essential Job Functions

When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Perkins Coie

EEOC Issues Expansive Proposed Rule Regarding Pregnant Workers Fairness Act

Perkins Coie on

The recently enacted Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., public or private employers with more than 15 employees) to provide reasonable accommodations to “qualified” employees or candidates...more

Sheppard Mullin Richter & Hampton LLP

Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed...

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers...more

Paul Hastings LLP

PWFA Proposed Regulations and Potential Areas of Comment for Employers

Paul Hastings LLP on

The federal Pregnant Workers Fairness Act (“PWFA”) became effective on June 27, 2023. Employers with 15 or more employees are now required to reasonably accommodate a worker’s “known limitation” related to pregnancy,...more

Miles & Stockbridge P.C.

EEOC Proposes Regulations for the Pregnant Workers Fairness Act

We continue to track updates to the Pregnant Workers Fairness Act (“PWFA”) that took effect June 27. On Aug. 7, the EEOC released its Notice of Proposed Rulemaking for implementing the PWFA (“Proposed Rule” or “Proposed...more

Bricker Graydon LLP

EEOC Issues Notice of Proposed Rulemaking: What You Need to Know

Bricker Graydon LLP on

In April of this year, Bricker Graydon attorneys published an article describing how the Pregnant Worker’s Fairness Act (PWFA) would take effect on June 27, 2023, and will require employers with 15 or more employees to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Does Not Give Employee Right to 'Redefine Job'

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a qualified disabled person to perform the essential functions of their job. The question of what constitutes a reasonable...more

Miller & Martin PLLC

U.S. Supreme Court Prepares to Adjourn by Issuing Two Highly Anticipated Decisions Involving Affirmative Action and Religious...

Miller & Martin PLLC on

June 30 will mark the end of the 2022-2023 U.S. Supreme Court term. The high court has a penchant for issuing highly anticipated decisions during the last few days of the term, such as overturning Roe v. Wade last year in a...more

Venable LLP

Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers

Venable LLP on

How far must employers go to accommodate their employees' sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and...more

Fisher Phillips

An Employer’s 3-Step Guide to Responding to COVID-19 Vaccine Religious Objections

Fisher Phillips on

As the Delta variant surges throughout the country, more and more employers are implementing mandatory vaccine policies, especially now that the Pfizer vaccine has received full FDA approval. Most employers know they may need...more

Troutman Pepper

EEOC Updates and Expands COVID-19 Vaccination Technical Assistance and Rules for Employer Vaccine Incentives

Troutman Pepper on

Who Needs to Know - All employers considering mandatory vaccinations and vaccine incentives at the workplace. Why It Matters - The EEOC updated technical assistance questions and answers regarding COVID-19...more

Haynsworth Sinkler Boyd, P.A.

Employers Are Legally Permitted To Mandate COVID-19 Vaccinations, But Should They?

Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory...more

Cooley LLP

Alert: EEOC Issues COVID-19 Vaccine Guidance

Cooley LLP on

The US Equal Employment Opportunity Commission (EEOC) issued revised guidance on December 16 relating to COVID-19 vaccines in the workplace. As the Food and Drug Administration began to authorize emergency use of vaccines,...more

Lewitt Hackman

Vaccination Guidance for Employers: Frequently Asked Questions

Lewitt Hackman on

In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should...more

Mintz - Employment Viewpoints

EEOC Guidance Defines Contours of Permissible Mandatory Workplace Vaccination

The EEOC has updated its guidance regarding mandatory vaccination in the workplace and has outlined the permissible scope of a mandatory vaccination program. While the guidance has neither the force nor application of a...more

Fox Rothschild LLP

May Employers Require Employees To Be Vaccinated For COVID-19: The EEOC Weighs In

Fox Rothschild LLP on

As an unprecedented operation begins to deploy millions of doses of COVID-19 vaccines across the country, employers question whether they may lawfully require that employees be vaccinated. Today, the U.S. Equal Opportunity...more

ArentFox Schiff

EEOC Updates Guidance on COVID Vaccines: Mandatory Vaccinations Permitted, With Some Exceptions

ArentFox Schiff on

Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees. On December 16, 2020, the Equal Employment...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

McAfee & Taft

Can an employer require COVID-19 vaccinations?

McAfee & Taft on

Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to...more

Bowditch & Dewey

Winter is Coming – Workplace Vaccine Mandates

Bowditch & Dewey on

Under the Occupational Safety and Health Act (OSHA), employers have a general duty to provide a workplace free of recognized hazards. As cold weather returns, workplaces across the nation will face increased health risks this...more

Carlton Fields

Workplace Vaccination Policies During a Pandemic

Carlton Fields on

With colder weather beginning to creep in, many employers are, for good reason, looking at their influenza vaccination policies with fresh eyes. COVID-19 and the seasonal flu share common symptoms, which can complicate an...more

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

Mandatory COVID-19 Vaccination: Is It Legal and Is It Right for Your Workplace?

By all accounts, the availability of a vaccine for COVID-19 is a matter of when, not if. According to the World Health Organization, as of August 25, 2020, 173 potential vaccines are currently being developed in labs across...more

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