News & Analysis as of

Masks Disability Discrimination

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

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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

White and Williams LLP

Court Rules ADA Prevents School District from Dropping Mask Mandate

In Doe v. Perkiomen Valley School District, 2022 U.S. Dist. LEXIS 21079 (E.D. Pa. Feb. 7, 2022), the court granted an injunction requested by a class of disabled children and their parents to prevent the school district from...more

Bricker Graydon LLP

Mask on, mask off: Eighth Circuit Court of Appeals determines mask requirement can be a reasonable accommodation for students

Bricker Graydon LLP on

A dizzying number of laws, executive orders and regulations regarding masks in schools have found their way to our nation’s courts. Some states are requiring students to mask up in schools (e.g., California and New York),...more

Butler Snow LLP

New Tennessee COVID Legislation Has Significant Impact on Employers

Butler Snow LLP on

After days of intense discussions, and multiple amendments, in the wee hours of Saturday, October 30, 2021, the Tennessee legislature passed House Bill No. 9077/Senate Bill No. 9014. This new law will have a significant...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 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

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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

Foley & Lardner LLP

The Country is Reopening – Can We Plan a Big Corporate Event?

Foley & Lardner LLP on

As businesses reopen and more and more employees become fully vaccinated, many companies are asking an important question: When can we gather together in large groups to attend conferences, retreats, and the like? ...more

Foley & Lardner LLP

The Elements of Your COVID-19 Voluntary Vaccine Policy

Foley & Lardner LLP on

About half of the U.S. working age, vaccine-eligible population has now been vaccinated, according to Centers for Disease Control and Prevention (“CDC”) tracking data. New CDC guidelines allow the fully vaccinated to unmask,...more

Littler

Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

Littler on

In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

Cozen O'Connor

A Delicate Balancing Act for Airlines: the CDC Mask Mandate v. the Rights of Passengers with Disabilities

Cozen O'Connor on

The COVID-19 pandemic has not been kind to air carriers. Not only have they seen the loss of up to 75 percent of their passenger traffic, but — in the United States — they have been left to develop and enforce their own...more

Proskauer - California Employment Law

Nike “Just Does It” – Retail Employees Will Wear Transparent Masks

Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like...more

Stradling Yocca Carlson & Rauth

Should You Consider Clear Masks & Other Accommodations for the Hard of Hearing?

Should You Consider Clear Masks and Other Accommodations for the Hard of Hearing? At the end of January Nike agreed to a settlement requiring its California workers to be provided with clear masks.  The settlement was reached...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

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

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

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

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 15

This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more

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

New Guidance Clarifies Uniform California Rule for Treatment of Disabled Customers Who Cannot Wear Face Coverings

The California Department of Public Health’s newly issued “Guidance for the Use of Face Coverings” replaces a patchwork of county and municipal standards with a statewide standard mandating face coverings in businesses and...more

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

No Mask, No Service: Supermarket Sued for Disability Discrimination Over Strict Face-Covering Policy

On May 26, 2020, a woman with an alleged respiratory disability filed suit under the Americans with Disabilities Act (ADA) against a supermarket chain in Pennsylvania after she was denied entry because she could not wear a...more

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