News & Analysis as of

Americans with Disabilities Act (ADA) Infectious Diseases Employer Liability Issues

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

Quarles & Brady LLP

FAQs Relating to Quarles & Brady’s 10/12/2022 Webinar: COVID & the Flu: Legal Update and Fall Planning

Quarles & Brady LLP on

Q: Can I terminate an agreement allowing an employee to work remotely?...more

Kaufman & Canoles

Employment Law Update – Fall 2022

Kaufman & Canoles on

CDC EASES COVID GUIDELINES - On August 11th, the Centers for Disease Control issued new Guidance for handling exposure to, and cases of, COVID-19. Of particular interest in the workplace, the CDC no longer recommends that...more

Dentons

The Sequel - EEOC Updates COVID Guidance

Dentons on

As everyone knows, the sequel is almost always messier than the original. The Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated...more

Cozen O'Connor

Employment Law Now VI-119 - What Did You Miss This Summer?

Cozen O'Connor on

Today's new episode discusses what you may have missed during the Summer of 2022, including COVID-19 and Monkeypox updates, unlawful dress codes, an ADA first, and brand new guidance from the EEOC and DOL....more

Goldberg Segalla

Managing the Minefields: Considerations for Employers Managing MonkeyPox and COVID-19 Leave

Goldberg Segalla on

Key Takeaways- - On July 29, 2022, New York State declared the Monkeypox virus a public health emergency On August 4, 2022, the White House declared Monkeypox a public health emergency Employers may soon face the...more

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

Parker Poe Adams & Bernstein LLP

EEOC Changes Technical Guidance on Employer COVID-19 Testing

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

Epstein Becker & Green

EEOC Walks Back its Advice on When Workplace COVID Testing is Appropriate

Epstein Becker & Green on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and...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

CDF Labor Law LLP

EEOC Issues Updated COVID-19 Guidance for Employers and the Workplace

CDF Labor Law LLP on

On July 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) updated and expanded their technical assistance related to the COVID-19 pandemic, addressing questions related to employers, including...more

Proskauer - Law and the Workplace

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...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

Ballard Spahr LLP

EEOC Updates Its COVID-19 Related Technical Guidance Amid New Trends

Ballard Spahr LLP on

On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment...more

Akerman LLP - HR Defense

COVID’s Impact on Mental Health Prompts New Agency Guidance

The peak of COVID-19 infections may have passed, but the mental health effects of the pandemic continue to be felt, and government agencies are taking note. The U.S. Department of Labor (DOL) issued new guidance during Mental...more

Littler

Disability Accommodation and COVID-19: Ten Emerging Issues to Consider

Littler on

As we enter the third year of the global COVID-19 pandemic, many U.S. businesses are implementing long-delayed return-to-office plans and hoping to establish a new equilibrium.  Public health experts, economists and...more

Spilman Thomas & Battle, PLLC

Evaluating COVID-19 as a Disability Under the ADA

In December 2021, the Equal Employment Opportunity Commission ("EEOC") updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act ("ADA"). The ADA is applicable to...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

Akerman LLP - HR Defense

Thousands of COVID-Related EEOC Charges Filed; More to Come?

Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from...more

Miller & Martin PLLC

COVID-19 as a Disability Under the ADA: Considerations for Employers as the Pandemic Continues

Miller & Martin PLLC on

In response to questions from employers and employees alike regarding when COVID-19 constitutes a disability for purposes of the nondiscrimination and reasonable accommodations provisions of the Americans with Disabilities...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more

Locke Lord LLP

COVID-19 as a Disability

Locke Lord LLP on

The Americans with Disabilities Act (“ADA”) provides certain protections for employees and applicants with a “disability,” as defined by the ADA. The ADA defines a “disability” to include...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

Littler on

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Greenberg Glusker LLP

Employers’ Struggles with Religious & Disability Accommodations from COVID-related Policies

Greenberg Glusker LLP on

The science, guidance, and regulations related to workplace safety policies for the COVID-19 pandemic are constantly changing (goodbye federal vaccine mandate!). As employers struggle to keep up, they are confronted with the...more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

Burr & Forman on

Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

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