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Americans with Disabilities Act (ADA) Re-Opening Guidelines Virus Testing

Husch Blackwell LLP

Funny You Should Ask: Not So Common Employment Questions - UPDATED March 2021

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As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions...more

McDermott Will & Emery

Return to Work Virtual Toolkit for Employers - The COVID-19 Vaccine: What Can Employers Require?

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

FordHarrison

Return-to-Work Takeaways from the NBA Bubble

FordHarrison on

Given that the NBA relied upon the Centers for Disease Control and Prevention guidance in developing the league’s protocols, many of the steps taken by the NBA can be implemented within other workplaces. But, of course, the...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Perkins Coie

COVID-19 and Discrimination: Takeaways for Employers Regarding the EEOC’s Updated Guidance

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for...more

Mintz - Employment Viewpoints

Return to Work COVID-19 Testing Considerations

As employees increasingly transition back into the physical workplace, employers have begun to grapple with whether and how to deploy COVID-19 diagnostic testing as a return-to-work solution. Many employers want to avoid...more

Maynard Nexsen

Employers’ Great Balancing Act in Reopening: An Update for Employers on Returning to Work

Maynard Nexsen on

Employers starting to reopen and return employees to work are wrestling with unprecedented and difficult business decisions while continuing to monitor and implement the ever-evolving health and safety risks and legal issues....more

White & Case LLP

Employment Law Considerations for Returning to the Workplace in a COVID-19 World

White & Case LLP on

Employers planning a return to the workplace must comply with a myriad of employment laws, regulations and guidance issued by public health authorities and other regulators. The following is a summary of certain portions of...more

Sheppard Mullin Richter & Hampton LLP

Not Today Corona: EEOC Bans Employer Antibody Screenings

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”)....more

Epstein Becker & Green

EEOC Advises Employers: Do Not Require COVID-19 Antibody Testing for Employees Returning to Work

Epstein Becker & Green on

On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). ...more

Laner Muchin, Ltd.

Requiring Antibody Tests Violates the Americans With Disabilities Act

Laner Muchin, Ltd. on

The Equal Employment Opportunity Commission (the “EEOC”) updated its COVID-19 guidance this week and for the first time addressed the question of may an employer require employees to take a test to determine whether an...more

Ruder Ware

EEOC Says Employers CANNOT require Antibody Testing!

Ruder Ware on

On June 17, the EEOC updated its COVID-19 Guidance to clarify that unlike COVID-19 testing, an anti-body test would be a prohibited medical examination. The FAQ (at A.7) states as follows: Question: The CDC said in its...more

McAfee & Taft

EEOC: Employers can’t require COVID-19 antibody testing before returning to the workplace

McAfee & Taft on

On June 17, 2020, the Equal Employment Opportunity Commission issued new guidance concerning the use of COVID-19 antibody testing. Relying on the CDC’s Interim Guidelines, the EEOC affirmatively stated that employers cannot...more

Neal, Gerber & Eisenberg LLP

What COVID-19 Tests Can Employers Require?

As employers begin to recall employees to the workplace, many are planning to require employees to submit to medical tests for the purpose of detecting COVID-19. In this regard, it is important to distinguish between viral...more

Morgan Lewis

EEOC Issues New Guidance on COVID-19

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) issued its most recent round of Q&As on June 11 offering guidance to employers on the Americans with Disabilities Act (ADA) and other equal employment opportunity laws...more

Pullman & Comley - Labor, Employment and...

The EEOC Issues New Guidance Regarding Antibody Testing in the Wake of COVID-19

Not a day seems to go by without the Equal Employment Opportunity Commission (“EEOC”) issuing a new pronouncement about businesses’ nondiscrimination obligations as employees return  to work in a COVID-19 world. ...more

Franczek P.C.

EEOC Takes on Antibody Testing, Returning Older and Pregnant Workers Post-COVID-19

Franczek P.C. on

The EEOC recently updated its COVID-19-related Q & A’s to assist employers in navigating “the new world” post-COVID-19 while complying with the federal anti-discrimination laws as employees return to work....more

Bricker Graydon LLP

COVID-19 Update: New EEOC guidance states that ADA prohibits employers from requiring coronavirus antibody tests

Bricker Graydon LLP on

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance on COVID-19 to explain why, at least for the time being, requiring employees to take COVID-19 antibody tests...more

Littler

EEOC Provides Return-to-Work and COVID-19 Antibody Testing Guidance Under Federal Civil Rights Laws

Littler on

As the nation continues the gradual reopening of workplaces and the economy, the U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance to provide information to employers regarding their...more

Benesch

The Equal Employment Opportunity Commission (EEOC) Updates Testing Guidance to Prohibit Antibody Testing

Benesch on

In previous guidance, the EEOC permitted employers to administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace - with the caveat that any employee testing had to be...more

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

EEOC Issues Guidance on Antibody Testing

On June 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an update to its COVID-19 Technical Assistance Questions & Answers, providing guidance on the use of antibody tests by employers. Though the...more

Polsinelli

EEOC Updates Guidance to Prohibit Antibody Testing

Polsinelli on

In light of CDC Interim Guidelines stating antibody test results “should not be used to make decisions about returning persons to the workplace,” the EEOC released guidance on June 17, 2020 indicating that employers should...more

Bradley Arant Boult Cummings LLP

Nobody Gets Antibody (Testing): EEOC Forbids Employers from Using Antibody Testing for Re-Entering Workplace

The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody...more

ArentFox Schiff

EEOC Rejects COVID-19 Antibody Tests

ArentFox Schiff on

Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace? An antibody test is a medical...more

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