(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
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Hotel Refused to Accommodate Disabled Employee and Constructively Terminated their Employment, Federal Agency Charges - NEW YORK – 299 Madison Ave., LLC, doing business as Library Hotel, violated federal law when it...more
A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more
The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more
On November 4, the Occupational Safety and Health Administration issued an Emergency Temporary Standard (ETS) requiring most employers in the country to implement COVID-19 vaccine requirements or require employees to present...more
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more
As we reported on Friday, the Safer Federal Workforce Task Force complied with Executive Order 14042 (“Ensuring Adequate COVID Safety Protocols for Federal Contractors”) by issuing guidance for federal contractors on...more
The COVID-19 pandemic has presented many novel challenges and questions for employers, from administration of Families First Coronavirus Response Act (“FFCRA”) leave to managing performance of remote workers. For healthcare...more
Suppose a union asks their bargaining unit’s employer for a list of names of all employees who have been exposed to or tested positive for COVID-19: Must the employer provide the requested medical information? Employee...more
The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more
In a welcome development for U.S. employers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued an updated announcement and updated guidance for employers about what they can and cannot ask their employees as...more
Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more
Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more
Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more
Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more
Company Fired Employee for Objecting to Overbroad Medical Releases for Fitness-for-Duty Examination, Federal Agency Charged - MINNEAPOLIS - A Minneapolis-based power company will pay $87,500 and furnish other relief to...more
Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC...more
As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more
There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more
The end of the federal government fiscal year (September 30) always produces a flurry of activity from the EEOC, and this year was no different. Of the 157 lawsuits filed by the EEOC in fiscal year 2015, approximately 62 of...more
On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In...more
Two recent victories for the EEOC should remind employers that rejecting a job applicant over a medical condition, even when the condition appears directly related to job performance, can expose the employer to serious legal...more
The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more
The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more