News & Analysis as of

Americans with Disabilities Act (ADA) Infectious Diseases Reasonable Accommodation

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

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

K&L Gates LLP

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace (Updated)

K&L Gates LLP on

This article has been updated since its original release date of 28 July 2022. As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On...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

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

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

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...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

Kelley Drye & Warren LLP

UPDATE ON COVID CONSIDERATIONS: Long COVID Now an ADA Disability

Kelley Drye & Warren LLP on

UPDATE: December 17, 2021 - In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific...more

Ballard Spahr LLP

EEOC Updates Technical Assistance Manual To Include COVID-19 as a “Disability”

Ballard Spahr LLP on

On December 14, 2021, the EEOC updated its COVID-19 Technical Assistance manual Technical Assistance manual to address when employees who contract COVID-19 are covered under the Americans with Disabilities Act (“ADA”). The...more

McAfee & Taft

Depending on fact-based assessment, COVID may be considered disability under ADA

McAfee & Taft on

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Polsinelli

EEOC Confirms COVID-19 Can Be A Disability Under ADA

Polsinelli on

On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) supplemented its guidance concerning COVID-19, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and other Equal Employment...more

Bodman

Updated Guidance from EEOC States Workers with COVID-19 May Be Protected Under ADA

Bodman on

Depending on each worker’s circumstances, the virus can cause impairments that meet one of the ADA’s three definitions for a “disability,” which cover actual, physical, or mental impairments that substantially limit a major...more

Ballard Spahr LLP

Federal Vaccine Mandates Maze Can Trap Unwary Employers

Ballard Spahr LLP on

Summary - The Biden Administration has announced vaccine mandates for certain federal contractors and subcontractors, employees of large, private employers, and certain health care workers, all of which are slated to take...more

Spilman Thomas & Battle, PLLC

Tips for Navigating the Accommodation Requests Associated with Pandemic-Related Stressors

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more

Akin Gump Strauss Hauer & Feld LLP

OSHA Issues Emergency Temporary Standard for COVID-19 with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More...

Key Points - On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more

Benesch

OSHA’s Emergency Temporary Standard is here: Private Employers with at least 100 employees now subject to vaccine or testing...

Benesch on

As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more

Dentons

EEOC Update - What you should know about COVID-19 vaccinations

Dentons on

On October 13, 2021, the Equal Employment Opportunity Commission (EEOC) issued several updates to its Q&A relating to COVID-19 and vaccinations - What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

Carlton Fields

COVID-19 Accommodation Trends Relating to Vaccination and Remote Work

Carlton Fields on

Introduction - The ongoing COVID-19 pandemic has altered the American workplace in countless ways, including with respect to workplace disability accommodation needs and issues. Since the start of the pandemic in early...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

Morgan Lewis

EEOC Issues Updated Guidance on Religious and Pregnancy Vaccine Accommodations

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, detailing its view of employer obligations under Title VII when evaluating religious objections to COVID-19 vaccination mandates....more

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