Popular, Americans with Disabilities Act (ADA)

Restricting Remote Work Interfered With Employee's FMLA Rights

Parker Poe Adams & Bernstein LLP on 9/20/2024

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

EEOC Sues Three Employers for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 8/30/2024

Federal Agency Alleges Bakery, Hotel, and Manufacturer Failed to Accommodate Employee Disabilities - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits in three different industries...more

The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

Littler on 8/22/2024

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more

Factor One Source Pharmacy to Pay $515,000 to Settle EEOC Disability and Genetic Information Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 6/17/2024

Federal Agency Charged Pharmacy Pressured Employees and Applicants to Fill Expensive Hemophilia Prescriptions with the Company - DENVER – Factor One Source Pharmacy, LLC, a pharmacy providing specialized pharmacy services to...more

The Rise of ADA and Data Breach Class Actions

Epiq on 6/6/2024

Class action lawsuits have been on a record-setting upward trend in recent years and they aren’t showing any signs of slowing. According to the Duane Morris Class Action Review 2024, settlement numbers reached unprecedented...more

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on 5/22/2024

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act. The revised rules apply to all...more

Exploring Trends in Construction: AI Technology, Accessibility, Mental Health, Diversity

Jackson Lewis P.C. on 4/4/2024

The largest construction show in New York, the 2024 New York Build Expo, attracted architects, designers, contractors, and construction professionals from across the tri-state area. The event explored trends in the industry,...more

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/7/2024

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Build Back Botter: What Artificial Intelligence Means for the Construction Workplace

Littler on 3/1/2024

“Hey Chat GPT, finish this building.” This dare, written on a billboard that went viral last year, captures a truth and a stereotype about the world of construction. The truth is that the construction industry will, for the...more

ADA Website Accessibility: Insights and Updates — The Consumer Finance Podcast

Troutman Pepper on 1/25/2024

In this episode of The Consumer Finance Podcast, host, Chris Willis, is joined by Partners Kim Phan and Lori Sommerfield, to discuss recent developments related to website accessibility under the Americans with Disabilities...more

Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate

Jackson Lewis P.C. on 10/3/2023

Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges. Deluge of...more

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on 6/29/2023

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

New Nationwide Protections for Pregnant and Nursing Workers

Davis Wright Tremaine LLP on 6/13/2023

Two new federal laws expand the scope of existing protections for pregnant employees and nursing workers. Employers should carefully review existing accommodation and lactation policies and practices to ensure they are...more

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

King & Spalding on 6/9/2023

Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on 5/18/2023

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023. Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....more

Emerging Issue: AI Governance

Lippes Mathias LLP on 4/4/2023

Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

EEOC Sues Total Systems Services for Disability Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 3/30/2023

Global Payments Company Denied Worker’s Pleas for Remote Work Due to High Risk for COVID-19 Infection, Federal Agency Charges - ATLANTA – Total Systems Services, LLC, a global payments processing company based in Columbus,...more

SCOTUS will review religious accommodation standard

Constangy, Brooks, Smith & Prophete, LLP on 1/27/2023

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster

DarrowEverett LLP on 11/2/2022

In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher,...more

CBD on Campus: Many Questions, Few Answers

Bond Schoeneck & King PLLC on 10/18/2022

Although there is clarity under federal law that colleges and universities may not permit marijuana (also known as cannabis) to be used or possessed on campus by either students or employees, there is less clarity about...more

Biometrics and AI in the Workplace: Boon or Bane?

Kohrman Jackson & Krantz LLP on 10/12/2022

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Wilson Sonsini Goodrich & Rosati on 10/7/2022

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

A Look Around the Corner: #MWC22 Highlights Innovation in Mobile Technologies and Industries That Depend on It

Wiley Rein LLP on 9/30/2022

As attorneys engaged in telecom, media, and technology work, we are constantly thinking about not just where the law is today, but where it’s going. Critical to that analysis is understanding how the information and...more

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