News & Analysis as of

Reasonable Accommodation Personal Protective Equipment

Jackson Lewis P.C.

What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

Jackson Lewis P.C. on

Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...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

Foley & Lardner LLP

Florida Passes Laws Against Federal Covid Mandates for a Showdown with Federal Government

Foley & Lardner LLP on

No stranger to the limelight, Florida has been in the nation’s crosshairs when it comes to the state’s approach to the ever-evolving coronavirus. Beginning in the summer of 2020, Governor Ron DeSantis developed a hard-hitting...more

Perkins Coie

New Reporting, Notification, and Accommodation Requirements Issued for Washington Employers During the Pandemic

Perkins Coie on

Washington Governor Jay Inslee signed the Health Emergency Labor Standards Act (HELSA) on May 11, 2021. HELSA went into effect immediately and applies to workplaces only during a declared public health emergency involving an...more

Sheppard Mullin Richter & Hampton LLP

OSHA Updates COVID-19 Guidance to Align With Recently Updated CDC Guidance

On August 13, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) updated its “Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The updated guidance, which does not apply to...more

McDermott Will & Emery

OSHA Updates COVID-19 Safety Guidance for All Industries

McDermott Will & Emery on

On August 13, 2021, the US Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance documents for employers in all industries. The new recommendations echo those published by the US Centers for...more

Perkins Coie

OSHA Updates Workplace Guidance on COVID-19 to Align With CDC Guidance

Perkins Coie on

The Occupational Safety and Health Administration (OSHA) updated general industry guidance for COVID-19 that is applicable to all workplaces. OSHA’s August 13, 2021, general industry guidance, which is advisory and creates no...more

Littler

You Put Your Mask Order On, You Take Your Mask Order Off: What the St. Louis Face Covering Orders Are All About

Littler on

On Monday, July 26, 2021, the St. Louis County Department of Health issued a Face Covering Order (the “County Order”).  In an effort of regional coordination, the St. Louis City Health Commissioner also issued a Face Covering...more

Verrill

OSHA Issues Emergency Temporary Standard for Healthcare Settings

Verrill on

Earlier today (June 10, 2021), OSHA issued COVID-19 Emergency Temporary Standard (ETS) Subpart U applicable to healthcare settings. While OSHA has indicated that future guidance may be provided for other industries, today’s...more

Constangy, Brooks, Smith & Prophete, LLP

No-Mask Vax FAQs

Can employers breathe easy now? Last Saturday, I went to the supermarket and did my weekly grocery shopping without a mask. It was glorious! And completely legal! But employers may not be as elated as I am, now that...more

Jackson Lewis P.C.

As COVID Restrictions Ease, “Fully Reopen” May Not Mean Business As Usual

Jackson Lewis P.C. on

With COVID-19 infection rates and hospitalizations decreasing, states are slowly loosening restrictions on businesses. For example, Connecticut, New York, and New Jersey announced plans to fully reopen by May 19th with some...more

Haynsworth Sinkler Boyd, P.A.

Employers Are Legally Permitted To Mandate COVID-19 Vaccinations, But Should They?

Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory...more

Fisher Phillips

Facemasks Add New Twist To Reasonable Accommodation Debate, Demonstrated by Latest COVID-19 Lawsuit

Fisher Phillips on

As we are all aware, COVID-19 has added new wrinkles to difficult workplace questions – which sometimes leads to troublesome litigation that could otherwise have been avoided. For example, although federal and state...more

Husch Blackwell LLP

Funny You Should Ask: Not So Common Employment Questions - April 2021

Husch Blackwell LLP on

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of...more

Faegre Drinker Biddle & Reath LLP

Minnesota Employers Are Given the Green Light to Return to the Office, Subject to Continued Limitations

On March 12, 2021, nearly one year to the day after Minnesota declared a peacetime emergency in response to the COVID-19 pandemic, Governor Tim Walz issued Executive Order 21-11, which rolls back certain restrictive measures...more

Jackson Lewis P.C.

Updated Guidance From California’s DFEH At The One Year Mark Of The Pandemic

Jackson Lewis P.C. on

California’s Department of Fair Employment and Housing (DFEH), the agency charged with administering California’s employment discrimination statute and regulations, has updated its COVID-19 guidance for employers. The updates...more

Jackson Lewis P.C.

Employee Incapable Of Complying With Valid Safety Requirements Is Not A “Qualified” Individual

Jackson Lewis P.C. on

An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not...more

Chambliss, Bahner & Stophel, P.C.

Can Employers Require Employees to Get a COVID-19 Vaccine?

Today, the Equal Employment Opportunity Commission (EEOC) issued guidance addressing a question that is top of mind for employers: can they require employees to get the COVID-19 vaccination? This is a nuanced and multifaceted...more

Foley & Lardner LLP

EEOC Addresses COVID Vaccine Guidance and Potential Discrimination Issues

Foley & Lardner LLP on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more

Perkins Coie

Oregon-OSHA Issues Extensive COVID-19 Rule

Perkins Coie on

Oregon’s Occupational Safety and Health Administration (OSHA) has issued a temporary rule in response to the COVID-19 pandemic that went into effect on November 16, 2020, although many of the rule’s requirements have a later...more

Littler

Ontario, Canada: Masks Must be Worn in Indoor Area of Business Premises and in Vehicles Operating as Part of Business

Littler on

On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.  The Regulation came into force on October 3, 2020....more

Rumberger | Kirk

Remain Mindful Of ADA Mask Policies

Rumberger | Kirk on

Protecting customers and employees during the COVID-19 pandemic is now, more than ever, a top concern for retail businesses. Many retailers have instituted mandatory face mask policies pursuant to federal and state...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

Jaburg Wilk

JAN Speaks, and We Should Listen . . . Sorry, Marcia.

Jaburg Wilk on

The COVID pandemic has created unprecedented change in our lives and the workplace is no exception. Employers have had to scramble to meet accommodation requests in an unsure and novel environment. One of my favorite...more

Epstein Becker & Green

Rules of the Road: Return to Work in the Time of COVID-19

Returning to the physical workplace safely and in a compliant manner is essential to minimize the spread of COVID-19. Attorney Ian Carleton Schaefer shares 10 “Rules of the Road” to help guide employers and employees alike...more

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