News & Analysis as of

Americans with Disabilities Act (ADA) Medical Examinations Equal Employment Opportunity Commission (EEOC)

Constangy, Brooks, Smith & Prophete, LLP

Don't use AI to get around the ADA!

Warning -- I'm about to go on a rant. Do you ever read something in the news that just makes you go, "Sheesh, people!!!" Or words to that effect? And, no, I am not talking about the Presidential Election. The Wall Street...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

Jackson Lewis P.C.

EEOC Revises its COVID-19 Guidance, Again

Jackson Lewis P.C. on

On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

Rivkin Radler LLP

Updated Guidance: COVID-19, ADA, Vaccinations, Religious Exemptions and EEO Laws

Rivkin Radler LLP on

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Parker Poe Adams & Bernstein LLP

Responding to Accommodation Requests From Unvaccinated Employees

As more businesses move toward ending remote working arrangements, we have had a number of questions from clients with regard to employee requests to continue working from home for medical reasons. The employees cite a...more

Morrison & Foerster LLP

Morrison & Foerster COVID-19 Policies Poll: Hesitation, Uncertainties, And Challenges Loom For Legal Leaders Over Return To Office

One year after the World Health Organization declared the coronavirus outbreak a pandemic, more and more employers are discussing the possibility of returning to the office. However, many general counsel and leaders of legal...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more

Williams Mullen

The COVID-19 Vaccine Is Here - Can Employers Mandate Immunization?

Williams Mullen on

COVID-19 vaccines are finally here. The rollout has begun in healthcare settings across the nation. However, despite broad support for the vaccines and their near-universal endorsement by the medical community, many...more

Miles & Stockbridge P.C.

EEOC Releases Guidance for Employers on COVID-19 Vaccinations

Miles & Stockbridge P.C. on

As news of a COVID-19 vaccine increased during the late fall, employers were anxiously awaiting EEOC guidance as to whether they could require employees to get vaccinated. While it will be several more months before the...more

Miller Canfield

COVID-19 Vaccinations: Legal Considerations for Employers

Miller Canfield on

With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more

Orrick - Employment Law and Litigation

EEOC Weighs in on COVID-19 Vaccine

As the initial doses of the first approved COVID-19 vaccines are being administered across the United States, the EEOC has issued its initial guidance on vaccinations as part of its “What You Should Know About COVID-19 and...more

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

EEOC Issues Revised Guidance Addressing COVID-19 Vaccines

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. Section K of the...more

U.S. Equal Employment Opportunity Commission...

School City of Hammond to Pay $70,000 to Resolve EEOC Disability and Age Discrimination Finding

School Disadvantaged Older Workers and Those With Disabilities or Who Failed Medical Exams, Federal Agency Charged - INDIANAPOLIS – The School City of Hammond, located in Hammond, Ind., will pay up to $70,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lonza America / Arch Chemicals for Disability Discrimination

Nationwide Company Violated Federal Law When It Conducted Unlawful Medical Exams And Fired a Recovering Opioid Addict, Federal Agency Charges - CHATTANOOGA, Tenn. – Lonza America, Inc., which formerly operated in...more

Proskauer - Law and the Workplace

EEOC Updates Its COVID-19 Guidance (Again)

On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance Guidance

ArentFox Schiff on

With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more

U.S. Equal Employment Opportunity Commission...

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

...The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based...more

Fisher Phillips

Healthcare Employers Beware: Are Late Career Practitioner Policies Discriminatory?

Fisher Phillips on

As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more

Constangy, Brooks, Smith & Prophete, LLP

New EEOC Guidance On The COVID-19 Pandemic - UPDATED

The Equal Employment Opportunity Commission has issued guidance titled “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” In this new guidance, the EEOC directs employers to its 2009 publication on...more

Verrill

To Test or Not to Test: Employer Considerations Amid COVID-19 Pandemic

Verrill on

Q: I am concerned about employees coming to work with a fever—can I test employees’ temperatures before allowing them to work to avoid spreading the coronavirus? Verrill’s View: Maybe—but there are many factors to consider....more

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