News & Analysis as of

Americans with Disabilities Act (ADA) New Guidance Employees

DirectEmployers Association

OFCCP Week In Review: November 2023

Monday, October 30, 2023: President Biden’s Supersized Executive Order on AI Includes Directives for US DOL & Many Other Agencies - EO Contains 3 Sections with Specific Directives for US DOL - It’s “all hands-on deck”...more

Proskauer - California Employment Law

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act

As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Sheppard Mullin Richter & Hampton LLP

EEOC Updates Guidance Concerning COVID-19 Testing

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

McDermott Will & Emery

EEOC Issues New Guidance for Mandatory and Voluntary COVID-19 Vaccine Programs

Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

Conn Kavanaugh

EEOC Issues New Guidance on COVID Vaccination & Reopening of the Workplace

Conn Kavanaugh on

The U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on May 28, 2021 to help employers comply with federal anti-discrimination laws in reopening the workplace. The EEOC updated its Technical...more

Verrill

COVID-19 Vaccination Incentive Programs: Additional Guidance and Some Comfort

Verrill on

Earlier today the U.S. Equal Employment Opportunity Commission (EEOC) released guidance confirming that employers may offer incentives to employees who voluntarily obtain a COVID-19 vaccination. The guidance (available here)...more

Moore & Van Allen PLLC

EEOC Updated Vaccination Guidance - May 28th

The U.S. Equal Employment Opportunity Commission (EEOC) on May 28, 2021 issued updated guidance on vaccinations. The relevant excerpts are attached and the full EEOC guidance is here...more

Brooks Pierce

Employer-Provided Incentives for Vaccinations—Finally Some Guidance

Brooks Pierce on

The Equal Employment Opportunity Commission (EEOC) issued updated Question and Answer Guidance on COVID-19 vaccinations today. The new guidance clarifies several issues that were making some employers reluctant to provide...more

Bass, Berry & Sims PLC

EEOC Update: Employers Can Offer Vaccine Incentives to Workers

The EEOC has updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The new guidance clarifies that employers may offer incentives to employees to voluntarily...more

Bradley Arant Boult Cummings LLP

New EEOC Facts on Getting “Vaxxed” and Getting Back

The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the...more

Bradley Arant Boult Cummings LLP

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines

Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling...more

Foley & Lardner LLP

Return to Work Resistance: Navigating the ADA Interactive Process and COVID-19 Disability Accommodation Requests

Foley & Lardner LLP on

As vaccine proliferation continues, employers are preparing to welcome their workforces back to offices and job sites across the country. While many Americans are eager to return to pre-pandemic life, employers can expect...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

Butler Snow LLP on

As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

McDermott Will & Emery

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

McDermott Will & Emery on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more

Foley Hoag LLP

New EEOC Guidance Explains ADA Protections For Opioid Users

Foley Hoag LLP on

The rise in opioid use and addiction in the United States has raised complicated issues for employers. On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing...more

Bradley Arant Boult Cummings LLP

Consider the Circumstances: What to Expect When You’re Expecting Employees to Return to Work and They Refuse

As states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you...more

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