News & Analysis as of

Americans with Disabilities Act (ADA) Medical Examinations Employer Liability Issues

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

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Maynard Nexsen

Navigating Post-Leave Inquiries and Medical Examinations Under the Americans with Disabilities Act

Maynard Nexsen on

As sticky wickets go, one of the messiest and most complicated laws employers must contend with in navigating their relationship with employees is the Americans with Disabilities Act (“ADA”). The employer’s need to obtain...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

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

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

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...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

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

Holland & Hart - Employers' Lawyers

10th Circuit Upholds Hospital’s Rejection of Applicant Under ADA

The rules surrounding medical examinations under the Americans with Disabilities Act (ADA) can be tricky. The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, New Mexico, Utah, and Wyoming employers)...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

Fox Rothschild LLP

EEOC Updates Prior ADA and Rehabilitation Act Guidance To Account For Coronavirus Pandemic

Fox Rothschild LLP on

On March 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its ADA and Rehabilitation Act guidance to clarify the following four issues: 1. How much information may an employer request from an employee...more

Nilan Johnson Lewis PA

Employers Ask: Can We Check All Employees for a Fever Before They Walk in the Door?

Nilan Johnson Lewis PA on

As businesses navigate the unprecedented waters surrounding COVID-19, some are considering using thermometers to screen employees and keep the workplace safe. But does the Americans with Disabilities Act (ADA) allow employers...more

Cozen O'Connor

Medical Inquiries and Examinations Related to Coronavirus

Cozen O'Connor on

Many employers are wondering about what they can do to protect their workforce in the face of an unprecedented public health crisis associated with the coronavirus a/k/a COVID-19....more

Hogan Lovells

United States Coronavirus (COVID-19) Update On Conducting Medical Examinations (Including Temperature Checks) of Employees in...

Hogan Lovells on

On March 11, 2020, the Centers for Disease Control and Prevention (“CDC”) (along with the White House Coronavirus Task Force) issued guidance for the next thirty (30) days for Santa Clara County, CA, and Seattle-King, Pierce,...more

Gray Reed

EEOC Challenges Policies Requiring Health Exams For Late-Career Employees

Gray Reed on

On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

Mintz - Employment Viewpoints

Coronavirus Outbreak Causes Employers to Consider Precautionary Steps

The recent outbreak of the Coronavirus in Wuhan, China, which has spread to the United States with new cases being reported every day, has the global community on high alert. The Coronavirus is an upper-respiratory disease...more

Snell & Wilmer

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

Snell & Wilmer on

On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more

Seyfarth Shaw LLP

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

Bradley Arant Boult Cummings LLP

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more

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