News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Americans with Disabilities Act (ADA) Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

Fisher Phillips on

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Seyfarth Shaw LLP

Employers Should Take Note Of New Federal Workplace Accessibility Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well....more

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Holland & Hart - Employers' Lawyers

Are Your Company’s Return To Work Policies ADA Compliant? Let’s Review!

On Wednesday, October 4, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to pay $750,000 (among other terms) to settle a case...more

Fisher Phillips

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

Fisher Phillips on

A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Sheppard Mullin Richter & Hampton LLP

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...more

Parker Poe Adams & Bernstein LLP

Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

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

Obesity as a Disability Under the Americans With Disabilities Act

The Americans with Disabilities Act (ADA) protects most job applicants and employees from discrimination, harassment, or retaliation based on disability. While employers are likely familiar with many of the physical and...more

Jackson Lewis P.C.

EEOC Classwide Subpoena Based on Individual Allegations Too Broad, Federal Appeals Court Rules

Jackson Lewis P.C. on

Denying the Equal Employment Opportunity Commission’s (EEOC) request to enforce a subpoena that would have expanded the agency’s investigation on a classwide basis, the U.S. Court of Appeals for the Eleventh Circuit has held...more

Jackson Lewis P.C.

EEOC Revises its COVID-19 Guidance, Again

Jackson Lewis P.C. on

On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

McAfee & Taft

States and cities limit AI use in employment decisions

McAfee & Taft on

The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) chairwoman Charlotte Burrows stating that more than 80% of employers utilize this...more

BCLP

New York City Mandates AI Bias Analysis

BCLP on

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

McDermott Will & Emery

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing

McDermott Will & Emery on

Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be...more

Quarles & Brady LLP

Proposed Bill Signals Potential Watershed Development in the World of Digital Accessibility

Quarles & Brady LLP on

On September 29, 2022, Senator Tammy Duckworth and Representative John Sarbanes introduced the Websites and Software Applications Accessibility Act (“the Act”), a bill designed to ensure that websites and software apps are...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 24th, Roanoke, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 20th, Charlottesville, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Hybrid Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 19th, Norfolk, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 13th, Richmond, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Woods Rogers

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 6th, Lynchburg, VA

Woods Rogers on

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

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