The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more
The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more
On December 14, the Equal Employment Opportunity Commission issued updates to its technical assistance for employers dealing with employees who are recovering from COVID-19 infections. The EEOC previously stated that...more
As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more
The Safer Federal Workforce Task Force has issued a guidance document intended to help implement President Joe Biden’s executive order requiring COVID-19 vaccinations and other measures for all federal workers and U.S....more
10/7/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
Reasonable Accommodation ,
Religious Accommodation ,
Subcontractors ,
Title VII ,
Vaccinations ,
Workplace Safety
Employers implementing mandatory COVID-19 vaccination requirements are facing a slew of requests for medical and religious exemptions. Most of these exemptions are based on things like a long-held religious belief or medical...more
Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more
July 26 was the 31st anniversary of the enactment of the Americans with Disabilities Act. In an announcement associated with that anniversary, President Joe Biden’s administration indicated that long-term symptoms associated...more
Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more
On May 28, the federal Equal Employment Opportunity Commission updated its COVID-19 “Technical Assistance Questions and Answers” for employers to provide additional guidance on vaccination policies. While the update does not...more
Last week, a client asked a timely and interesting question. The employer asked whether it can begin charging higher group health insurance premiums to employees who have declined the COVID-19 vaccination....more
Last week, federal legislation intended to clarify and expand protections for pregnant employees passed the House of Representatives. The Pregnancy Workers Fairness Act has been introduced each term since 2012, but this year...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
5/7/2021
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability ,
Dismissals ,
Employee Transfers ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Reasonable Accommodation ,
Remand ,
Reversal
As more businesses move toward ending remote working arrangements, we have had a number of questions from clients with regard to employee requests to continue working from home for medical reasons. The employees cite a...more
Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more
Title VII requires employers to provide reasonable accommodations to allow employees to work in ways compatible with their religious beliefs and practices. However, for decades, federal courts have interpreted this obligation...more
The above question may be the most frequent one we have encountered from employers in the past several weeks. As more COVID-19 vaccines become available, employers are increasingly curious about the number of their employees...more
Most U.S. employers have implemented some form of employee mask mandate in response to the COVID-19 pandemic. The likely issuance of a federal Occupational Safety and Health Administration emergency COVID-19 safety standard...more
In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more
It may seem like a lifetime ago, but the Families First Coronavirus Response Act (FFCRA) has only been in effect since March. Just as employers have become comfortable with the law’s paid leave and other provisions, FFCRA is...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more
11/6/2020
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Reasonable Accommodation ,
Remand ,
Reversal
Last week, North Carolina entered into phase three of its COVID-19 reopening process. As more businesses try to resume normal operations, a number of clients have asked about employees who express continuing concerns over...more
We occasionally receive questions from employers about employees who have threatened or even attempted suicide. While these issues first involve making sure that the employee is safe and receiving appropriate care, questions...more
Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more
Under Title VII, employers are required to provide reasonable accommodations to employees who request work modifications for religious observances. However, following a 1977 U.S. Supreme Court decision, federal courts have...more