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Disability Employment Policies

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

Bradley Arant Boult Cummings LLP

Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more

Fisher Phillips

From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

Fisher Phillips on

If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more

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

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at...more

Holland & Hart - Employers' Lawyers

How to Support an Employee Going Through a Gender Transition

As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an...more

Miller Nash LLP

Beyond Accommodations: Supporting Workplace Neurodiversity

Miller Nash LLP on

The Americans with Disabilities Act (ADA) has been an extraordinarily successful law. Certainly, individuals working in human resources know that there are challenging aspects to it, but access to the ability to work has...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

Miller & Martin PLLC on

The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....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

Benesch

Gender Dysphoria Protected by the ADA, Per Fourth Circuit

Benesch on

Recent case law continues to develop the scope of legal protections for transgender individuals. One month after a Texas court enjoined the Equal Employment Opportunity Commission (“EEOC”) from enforcing its 2021 guidance...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Spilman Thomas & Battle, PLLC

Evaluating COVID-19 as a Disability Under the ADA

In December 2021, the Equal Employment Opportunity Commission ("EEOC") updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act ("ADA"). The ADA is applicable to...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

McAfee & Taft

‘Disabling’ COVID-19 effects present ADA considerations for employers

McAfee & Taft on

Despite the decline in positive COVID-19 cases, employers should remain aware of their ongoing obligations to employees impacted by the virus. According to guidance issued by the Equal Employment Opportunity Commission,...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Morgan, Brown & Joy, LLP

EEOC Issues Updated Guidance Addressing Coverage of COVID-19-Related Conditions Under the ADA

Morgan, Brown & Joy, LLP on

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued additional guidance on COVID-19 as a “disability” under the Americans with Disabilities Act (“ADA”). The EEOC explained that, depending on...more

McAfee & Taft

Depending on fact-based assessment, COVID may be considered disability under ADA

McAfee & Taft on

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Spilman Thomas & Battle, PLLC

Tips for Navigating the Accommodation Requests Associated with Pandemic-Related Stressors

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more

Whitman Legal Solutions, LLC

Employers Can Require COVID-19 Vaccines

This article discusses whether employers can require COVID-19 vaccinations or tests or require that employees wear masks. I’m not a scientist or physician, so this article doesn’t discuss whether vaccinations or masks prevent...more

Hogan Lovells

Jam tomorrow - employment implications of UK's national disability strategy

Hogan Lovells on

The UK government has published its national disability strategy, which is designed to help reduce the disability employment gap and ensure that disability is not a barrier to someone’s ability to reach their full potential....more

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

Missouri Governor Immunizes Citizens From Vaccine Passport Requirements by Cities and Counties

On June 15, 2021, Missouri Governor Mike Parson signed House Bill 271 prohibiting any county, city, town, or village government receiving public funds from requiring COVID-19 vaccination documents (commonly known as “vaccine...more

Miller Canfield

EEOC Updates Its Guidance Concerning COVID-19 Vaccine Policies in the Workplace

Miller Canfield on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, concerning...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

Ervin Cohen & Jessup LLP

DFEH Updates COVID-19 Vaccination Guidance

California’s Department of Fair Employment and Housing (DFEH) has updated its COVID-19 vaccination guidance, replacing its prior guidance issued July 24, 2020. The DFEH’s updated guidance permits employers to require...more

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