News & Analysis as of

Disability Discrimination Coronavirus/COVID-19

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Burr & Forman

Workplace Accommodation after COVID: Legal Update

Burr & Forman on

In this episode of The Burr Morning Show, Emily Mack and Savannah McCabe discuss the legal landscape around ADA compliance and accommodation after COVID-19. They also discuss how to lawfully address telework, mental health,...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Miles & Stockbridge P.C.

Employers Beware: Return-to-Office Mandates and the Americans with Disability Act

Miles & Stockbridge P.C. on

As the Covid-19 pandemic drifts further into the rearview, many companies are rolling back work-from-home policies and requiring employees to return to the office on a schedule similar to pre-pandemic office hours, with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appliance Factory for Disability Discrimination

Appliance Store Refused to Provide Reasonable Accommodation to Sales Associate with Long COVID, Federal Agency Charges - DENVER – A&A Appliance, Inc., doing business as Appliance Factory, a corporation operating appliance...more

BCLP

UK HR Two-Minute Monthly: June 2023

BCLP on

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Goldberg Segalla

COVID-19: A Disability Under New Jersey’s Anti-Discrimination Law? Appellate Division Responds

Goldberg Segalla on

Key Takeaways - The New Jersey Appellate Division considered whether contracting COVID-19 is sufficient for an employee to claim they qualify as an individual with a disability under the New Jersey Law Against...more

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

Ballard Spahr LLP

EEOC Provides “Capstone” COVID-19 Guidance for Employers

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

Seyfarth Shaw LLP

Court Provides Guidance Regarding Employer Vaccine Mandates

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

DirectEmployers Association

OFCCP Week In Review: May 2023 #3

Wednesday, May 10, 2023: U.S. Office of Personnel Management Announced Proposed Rule on Pay Equity for Federal Workers - Proposal Would Ban Consideration of Job Applicant’s Prior Salary in Hiring & Setting Pay - The...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Kaufman & Canoles

Employment Law Update – Fall 2022

Kaufman & Canoles on

CDC EASES COVID GUIDELINES - On August 11th, the Centers for Disease Control issued new Guidance for handling exposure to, and cases of, COVID-19. Of particular interest in the workplace, the CDC no longer recommends that...more

Dentons

EEOC Guidance: At-Risk Employees and COVID

Dentons on

As noted in a prior article, on July 12, 2022, the EEOC updated its COVID-19 guidance, in relation to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other equal employment opportunity laws. ...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Manatt, Phelps & Phillips, LLP

Mild, Temporary COVID Symptoms Not a FEHA Disability

A California federal court determined that mild, temporary symptoms of COVID-19 do not qualify as a disability under the Fair Employment and Housing Act (FEHA), granting summary judgment in favor of an employer. Michelle...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Proskauer - California Employment Law

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

Seyfarth Shaw LLP

Policy Matters Newsletter - May 2022 # 2

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DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on...more

Constangy, Brooks, Smith & Prophete, LLP

Remote workers outside NY can’t bring bias claims under NY state and city human rights laws, court says

A federal court recently ruled that an employee working remotely from New Jersey cannot assert claims under New York State’s and New York City’s Human Rights Laws. Judge Edgardo Ramos said that the alleged discriminatory...more

Holland & Hart - Employers' Lawyers

Can Offer Be Pulled If Job Candidate Won’t Follow Our Vax-or-Test Policy?

Question: Our COVID-19 policy calls for vaccination or testing and masking “at all times.” We made a verbal offer to a candidate for a position requiring travel to trade shows, but when she learned about our vaccine-or-test...more

U.S. Equal Employment Opportunity Commission...

151 Coffee to Pay $70,000 to Settle EEOC Disability Discrimination Lawsuit

Coffee Company Fired Two Employees with Disabilities Who Requested Reasonable Accommodation, Federal Agency Charged - DALLAS – North Richland Hills, Texas-based 151 Coffee will pay $70,000 and furnish other relief to...more

Fisher Phillips

COVID-19 as a Disability: Firing Retail Employees for Attendance Issues Becomes Risky

Fisher Phillips on

Almost two years into the pandemic, federal workplace discrimination officials issued guidance on when an individual who contracted COVID-19 might have a disability under disability law. The overall tenor of the guidance from...more

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