News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Rehabilitation Act

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

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

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

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Payne & Fears

April 2024 Case Summaries

Payne & Fears on

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

Jaburg Wilk on

Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

Obermayer Rebmann Maxwell & Hippel LLP

Telework In The New Normal: How Reasonable Is It?

Federal laws, such as the Americans with Disabilities Act (“ADA”), Rehabilitation Act, and Pregnant Workers Fairness Act (“PWFA”), and similar state laws require certain employers to provide reasonable accommodations for...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

Nilan Johnson Lewis PA

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Fox Rothschild LLP

EEOC Issues Proposed Rule for Pregnant Workers Fairness Act

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations for the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers with 15 or more employees to provide reasonable accommodations to...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper on

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

Tarter Krinsky & Drogin LLP

End of the Federal COVID-19 Public Health Emergency Declaration: Should Employers Rescind COVID-19-related Reasonable...

During the COVID-19 pandemic, employers addressed myriad workplace accommodation requests and endeavored to maintain healthy and safe workplaces while navigating guidance from the federal, state, and local levels addressing...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Update to Covid-19 Technical Assistance

Addresses End of Federal COVID-19 Public Health Emergency Declaration - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) issued a number of updates to its COVID-19 technical assistance, “What You...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

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

Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

​​​​​​​In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more

Rivkin Radler LLP

The Employment Law Reporter - September 29 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of...more

Rumberger | Kirk

When are COVID-19 Policies a “Business Necessity”? The EEOC’s New Guidance on Navigating the Post-Pandemic Workplace

Rumberger | Kirk on

On July 12, 2022, The Equal Opportunity Employment Commission (EEOC) updated its guidance on the Americans with Disabilities Act (ADA) and the Rehabilitation Act as they relate to the pandemic. The new guidance recognizes...more

DirectEmployers Association

EEOC Updated 15 Items In Its Covid-19 Technical Assistance Guidance, Adding A New Standard For Employers Which Test Employees For...

On Tuesday, the EEOC once again updated its COVID-19 technical assistance Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” adding updates for 15 items. While the...more

Cozen O'Connor

Accommodation vs Personal Benefit: Federal Court Weighs In

Cozen O'Connor on

In Hopman v. Union Pacific Railroad, the U.S. District Court for the Eastern District of Arkansas considered whether working without mental or psychological pain constituted a “benefit or privilege of employment” warranting a...more

Miller Canfield

EEOC Issues Guidance on Caregiver Discrimination

Miller Canfield on

Key Takeaways: ..Caregiver discrimination is not by itself unlawful under federal or Michigan law, but it can be when it is based on protected characteristics. ..Employment decisions based on gender stereotypes are...more

Mintz - Employment Viewpoints

Is COVID-19 a Disability? Answer: Sometimes

The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the ADA. In a new Section N of its COVID-19 guidance entitled “COVID-19 and the Definition of ‘Disability’ Under the ADA, Rehabilitation...more

Fisher Phillips

7 Key Takeaways for Employers as EEOC Says COVID-19 Is “Sometimes” a Disability Under The ADA

Fisher Phillips on

As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more

Williams Mullen

EEOC Advises That COVID-19 Can Meet the Definition of a Disability Under the ADA and the Rehabilitation Act

Williams Mullen on

As Williams Mullen has previously reported here throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has been active in providing guidance to covered employers through its publication, “What...more

U.S. Equal Employment Opportunity Commission...

EEOC Adds New Section Clarifying When COVID-19 May Be a Disability, Updating Technical Assistance

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the...more

68 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide