News & Analysis as of

Americans with Disabilities Act (ADA) Screening Procedures Re-Opening Guidelines

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

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

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

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

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

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

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

Moore & Van Allen PLLC

Resuming Business During the COVID-19 Pandemic: Guidance for Employers

After the flurry of layoffs, stay-at-home orders, furloughs, and considerable new government regulation, many employers are now looking at planning for the eventual resumption of “regular” business. Such planning requires...more

Epstein Becker & Green

New York and New Jersey Require COVID-19 Staff Testing at Long-Term Care Facilities

Epstein Becker & Green on

To limit exposure and reduce the spread of COVID-19, New York and New Jersey are requiring long-term care facilities to implement testing for staff....more

Littler

The Next Normal: A Littler Insight on Returning to Work – EEO Compliance

Littler on

In the COVID-19 world we are in today, the U.S. Equal Employment Opportunity Commission (EEOC) has established new rules to help employers slow the spread of this devastating virus. While the EEOC has created new and more...more

Foley & Lardner LLP

Reopening for Business: Permissible Medical Inquiries - and Mandatory Accommodation of Vulnerable Employees

Foley & Lardner LLP on

As some states are beginning to reopen for business, new legal issues are developing, such as those involving employees who fear returning to work and the implementation of modified disaster recovery plans. Among the more...more

Kelley Drye & Warren LLP

Reentry Worries And The EEOC’S Latest Return To Work Guidance

As businesses all over the country prepare to open up and welcome employees back to work – even while the pandemic rages on – there remains a high degree of uncertainty concerning how to keep employees safe, especially those...more

Lewitt Hackman

COVID-19: Return to Work Employer FAQs

Lewitt Hackman on

Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more

Seyfarth Shaw LLP

Reopening Businesses Face Thorny Customer-Facing ADA Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments....more

Polsinelli

Returning to Work After COVID-19 Means More Wage & Hour Concerns

Polsinelli on

With states, cities and counties taking measures to reopen after COVID-19, businesses are also faced with reopening and returning employees to work while still facing many unknowns.  Despite these unknowns, employers must...more

Mintz - Privacy & Cybersecurity Viewpoints

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees...more

Furia Rubel Communications, Inc.

Temperature Checks and Health Testing in the Coronavirus World

To protect American workers, the U.S. Equal Employment Opportunity Commission (EEOC) on April 17, 2020, issued new guidance on the potential application of the Americans with Disabilities Act....more

Parker Poe Adams & Bernstein LLP

EEOC Blesses Employer COVID-19 Testing

As employers begin formulating return-to-work plans, one step under consideration is workplace testing of employees for COVID-19. While such tests are not widely available yet, these plans have raised questions regarding...more

Polsinelli

Passing the Test: EEOC Clarifies That Employers May Test for COVID-19

Polsinelli on

As employers begin seeing rays of light at the end of the tunnel and start thinking of reopening, a question at the forefront of those preparations is whether they can test their employees for COVID-19. Such a test would...more

Cozen O'Connor

EEOC Issues Guidelines on COVID-19 Testing of Employees

Cozen O'Connor on

On April 23, 2020, the U.S Equal Employment Opportunity Commission (EEOC) published updates to the Frequently Asked Questions (FAQ) that it originally published on March 17, 2020, to address COVID-19 issues. ...more

Bricker Graydon LLP

COVID-19 Update: EEOC approves testing employees for coronavirus before returning to work

Bricker Graydon LLP on

As state officials are beginning to implement plans to safely phase out stay-at-home orders, employers are evaluating various ways to prevent the transmission of COVID-19 as employees begin returning to the workplace....more

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