News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Pre-Employment Health Screenings

Miller Nash LLP

COVID Update: EEOC Revises Guidance on Workplace Screening

Miller Nash LLP on

As summer winds to a close, students return to classrooms and campuses, and many workplaces have returned to in-person activities. Either in whole or in part, COVID-19 has perhaps begun to be less “front of mind” than it once...more

Whitman Legal Solutions, LLC

EEOC Updates Guidance for Workplace Screening for COVID-19

Types of COVID-19 Testing - The Center for Disease Control and Prevention (CDC) describes two primary categories of COVID-19 tests – viral or antigen tests and antibody (serology) tests. It’s important to understand the...more

U.S. Equal Employment Opportunity Commission...

Telecare Sued by EEOC for Disability Discrimination

Mental Health Provider Rejected Qualified Applicant Due to Disability, Federal Agency Charges - SEATTLE – Mental health and psychiatric treatment provider Telecare Mental Health Services of Washington, Inc. violated...more

Jaburg Wilk

Temperature Checks Give Employers Fever

Jaburg Wilk on

As most employers know, the EEOC has confirmed employers may implement processes to take employee's temperatures before allowing them to enter the workplace during the pandemic. State and local governments in over twenty...more

Verrill

OSHA Publishes Return-to-Work Guidance; Reminder to be Mindful of Employee Medical Record Retention

Verrill on

OSHA has published Guidance on Returning to Work to assist employers in understanding their obligations under OSHA as they continue the process of re-opening and returning employees to work. Employers should review this...more

Farella Braun + Martel LLP

Reopening Plans and Recommended Protocols Beg New Privacy Issues

While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously-closed “nonessential” businesses are returning to operations. With...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Mintz - Employment Viewpoints

Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

This post has been updated to reflect additional guidance issued by the U.S. Equal Opportunity Employment Commission ("EEOC") on April 9, 2020. The EEOC has provided employers with supplemental guidance on navigating the...more

Verrill

Hiring During the COVID-19 Pandemic: What You Can Do

Verrill on

Despite the ongoing COVID-19 outbreak, business—and hiring—must go on. As the EEOC continues to update its guidance regarding employment practices during the pandemic, here are common questions regarding how to implement...more

ArentFox Schiff

Federal Agency Sues Hospital Over Late Career Practitioner Policy

ArentFox Schiff on

On Tuesday, February 11, 2020, the Equal Employment Opportunity Commission filed a complaint against Yale New Haven Hospital alleging that the hospital’s Late Career Practitioner Policy violates both the Age Discrimination in...more

U.S. Equal Employment Opportunity Commission...

Reliable Staffing to Pay $25,000 and Change Hiring Policy to Resolve EEOC Discrimination Finding

Staffing Firm Used Unlawful Means to Screen Out Applicants With Disabilities, Federal Agency Charged - INDIANAPOLIS - Reliable Staffing, an Indianapolis staffing firm, will pay $25,000 and furnish other relief to...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart for Discriminatory Hiring Practices at Oklahoma Distribution Center

 Retail Giant Refused to Allow Job Applicant to Take Pre-Hiring Physical Assessment Test Due to Obvious Disability, Federal Agency Charged - ST. LOUIS - Wal-Mart Stores East, LP violated federal law when it declined a job...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Rogers Behavioral Health for Disability Discrimination

Residential Health Facility Rescinded Employment Offer When a Drug Screen Revealed an Applicant's Legally Prescribed Medication - MILWAUKEE - An Oconomowoc, Wis., inpatient residential health facility violated federal law...more

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

Jackson Lewis P.C.

Pre-Employment Examinations Without Disparate Impact May Still Serve As Basis For Disparate Treatment Claims

Jackson Lewis P.C. on

In EEOC v. Upstate Niagara Coop., Inc., the U.S. District Court for the Western District of New York denied Defendant’s motion to dismiss finding that the EEOC stated claims for discrimination based on sex in violation of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Holland & Hart - Employers' Lawyers

Asking Employees About Prescription Medicine Use

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Citgo Petroleum Corporation For Disability Discrimination

Lemont Refinery Withdrew Job Offer After Discovering Applicant Had Vision Impairment, Federal Agency Charges - CHICAGO -- Citgo Petroleum Corporation violated federal law when it withdrew a job offer from an applicant...more

U.S. Equal Employment Opportunity Commission...

CSX Transportation to Pay $3.2 Million To Settle EEOC Disparate Impact Sex Discrimination Case

Railroad to Cease Challenged Physical Abilities Testing, Federal Agency Announces - HUNTINGTON, W.V. - CSX Transportation, Inc. (CSXT) will pay $3.2 million and furnish other relief to settle a company-wide sex...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

U.S. Equal Employment Opportunity Commission...

Strataforce Settles EEOC Disability Discrimination Lawsuit

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged - INDIANAPOLIS -- Strataforce, a staffing firm with offices in California, Indiana, North Carolina, and South...more

U.S. Equal Employment Opportunity Commission...

All Star Priority Staffing Sued by EEOC For Disability Discrimination

Phoenix Staffing Agency Subjected Applicants to Invasive Pre-Offer Medical Questionnaire And Screened Applicants on the Basis of Their Responses, Federal Agency Charges - PHOENIX - All Star Priority Staffing, LLC, a...more

U.S. Equal Employment Opportunity Commission...

Xerox State Healthcare, LLC Will Pay $35,000 To Resolve EEOC Disability Discrimination Lawsuit

Healthcare Company Denied Applicant an Accommodation for Pre-Employment Drug Testing, Federal Agency Charged - CHARLOTTE, N.C. - Xerox State Healthcare, LLC ("Xerox Healthcare"), a healthcare company that offers...more

Laner Muchin, Ltd.

Recent EEOC Settlements A Reminder That Employers Face Substantial Liability If Pre-Employment Exams Are Not Job-Related

Laner Muchin, Ltd. on

The U.S. Equal Employment Opportunity Commission (EEOC) has been very aggressive in challenging pre-employment exams. Employers utilize an array of pre-employment exams to assess an employee/applicant’s physical fitness,...more

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