News & Analysis as of

Rehabilitation Act Employer Liability Issues

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

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...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

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

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Bradley Arant Boult Cummings LLP

Happy Anniversary! New Guide for the Rehabilitation Act

Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource...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

Jenner & Block

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate...

Jenner & Block on

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more

Verrill

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

Verrill on

Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything,...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

Jackson Lewis P.C.

EEOC Revises its COVID-19 Guidance, Again

Jackson Lewis P.C. on

On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Webinar - DEI Audits: Tools to Enhance Your DEI Practices

Constangy partners Cara Crotty and Lara de Leon presented a webinar on the importance of DEI and provided suggestions on what organizations can do to determine whether its efforts are fostering a diverse, equitable, and...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

Sheppard Mullin Richter & Hampton LLP

EEOC Updates Guidance Concerning COVID-19 Testing

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the...more

Littler

The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria

Littler on

On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with...more

Verrill

Double Check: COVID-19 Policy

Verrill on

While in March of 2020, I believe many individuals hoped that by July of 2022 we would no longer be concerned with COVID-19 Policies, such, unfortunately, is not the case. Yesterday, the EEOC updated its long-standing...more

Akerman LLP - HR Defense

It’s All Over but the Crying: Damages for Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more

Rivkin Radler LLP

The Employment Law Reporter - January 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 affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 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

Bailey & Glasser, LLP

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

Bailey & Glasser, LLP on

After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

Weintraub Tobin

EEOC Issues Guidance Regarding Religious Accommodations in Connection with Mandatory COVID-19 Vaccination Policies

Weintraub Tobin on

For what it’s worth, on October 25, 2021, the EEOC updated its guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” and added Section L entitled “Vaccinations – Title VII and...more

Sherman & Howard L.L.C.

EEOC Updated COVID-19 Technical Assistance Provides Much Needed Guidance For Employers

On May 28, 2021, the EEOC updated its technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. This update follows the EEOC’s first hearing, convened to explore the...more

Jackson Lewis P.C.

COVID-19 Pandemic New Year: What Employers Should Know

Jackson Lewis P.C. on

The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by...more

Seyfarth Shaw LLP

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the...more

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