News & Analysis as of

Reasonable Accommodation Infectious Diseases Disability Discrimination

Manatt, Phelps & Phillips, LLP

Mild, Temporary COVID Symptoms Not a FEHA Disability

A California federal court determined that mild, temporary symptoms of COVID-19 do not qualify as a disability under the Fair Employment and Housing Act (FEHA), granting summary judgment in favor of an employer. Michelle...more

Littler

Disability Accommodation and COVID-19: Ten Emerging Issues to Consider

Littler on

As we enter the third year of the global COVID-19 pandemic, many U.S. businesses are implementing long-delayed return-to-office plans and hoping to establish a new equilibrium.  Public health experts, economists and...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more

Greenberg Glusker LLP

Employers’ Struggles with Religious & Disability Accommodations from COVID-related Policies

Greenberg Glusker LLP on

The science, guidance, and regulations related to workplace safety policies for the COVID-19 pandemic are constantly changing (goodbye federal vaccine mandate!). As employers struggle to keep up, they are confronted with the...more

Polsinelli

EEOC Confirms COVID-19 Can Be A Disability Under ADA

Polsinelli on

On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) supplemented its guidance concerning COVID-19, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and other Equal Employment...more

Bodman

Updated Guidance from EEOC States Workers with COVID-19 May Be Protected Under ADA

Bodman on

Depending on each worker’s circumstances, the virus can cause impairments that meet one of the ADA’s three definitions for a “disability,” which cover actual, physical, or mental impairments that substantially limit a major...more

PilieroMazza PLLC

Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Goodwin

EEOC Releases Updated COVID-19 Vaccine Guidance for Employers

Goodwin on

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated and expanded on its guidance about how federal equal employment opportunity laws (“EEO laws”) may apply to potential employer requirements that...more

PilieroMazza PLLC

[Webinar] Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious...

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Akerman LLP - HR Defense

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...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

Jaburg Wilk

ADA Disability In The Age Of COVID-19

Jaburg Wilk on

An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been...more

Fisher Phillips

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

McGlinchey Stafford

Vaccines in the time of COVID [More with McGlinchey, Ep. 15]

McGlinchey Stafford on

In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines...more

World Law Group

Belgium: Q&A - Employer COVID-19 Vaccination Policies

World Law Group on

We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Gaël Chuffart of CMS Belgium shares his views for Belgium....more

Bodman

Workplace Law Lowdown | Can Employers Require a COVID-19 Vaccine?

Bodman on

Every day Americans are promised an end to this pandemic through the advent of an all hallowed vaccine. As this day draws nearer, questions for employers become more eminent—how (and whether) to administer a vaccine...more

Seyfarth Shaw LLP

COVID-19 Employment Litigation Trends Update: Part II

Seyfarth Shaw LLP on

As we reported earlier this month, our ongoing tracking of COVID-19 employment litigation trends shows that the types of lawsuits employees are filing against their employers continue to fall within the same basic categories...more

Bowditch & Dewey

EEOC Releases New Guidance Regarding COVID-19 Vaccinations For Employees

Bowditch & Dewey on

The U.S. Equal Opportunity has recently issued updated guidance addressing COVID-19 vaccinations in the workplace. Employers should review this guidance as COVID-19 vaccinations continue to roll out across the country. Here...more

Bricker Graydon LLP

Hospital COVID-19 visitor restrictions must still comply with the ADA

Bricker Graydon LLP on

In the midst of the holiday season, COVID-19 cases and hospitalizations across the country continue to rise rapidly. Although protecting the public from COVID-19 is paramount, policies that restrict visitor access in...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,...

Will COVID-19 ‘Long-Haulers’ Be Next to Test the Limits of the ADA?

As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more

Franczek P.C.

EEOC Updates COVID-19 Technical Guidance with Added Resources

Franczek P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more

Rumberger | Kirk

INSIGHT: Can Retailers Refuse to Serve Maskless Customers? Check ADA Rules

Rumberger | Kirk on

Retail businesses instituting face mask policies need to understand the Americans with Disability Act’s prohibitions and requirements to help avoid potential litigation, RumbergerKirk attorneys say. In cities and states that...more

Pierce Atwood LLP

How the Pandemic-Driven Telework Experiment May Impact an Employer’s Duty to Accommodate

Pierce Atwood LLP on

The questions of when or in what jobs telework will constitute a reasonable accommodation under the Americans with Disabilities Act (ADA) are not new ones. However, the data—the actual results of a widespread teleworking...more

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