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ADA-Covered Disability Does Not Need to be Long Term

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

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

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

EEOC Updates Guidance on When COVID-19 Can Count as a Protected Disability

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

Should Employers Ask Applicants About Vaccination Status?

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

White House Issues Mandatory Vaccination Guidance for Federal Contractors

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

Could Certain COVID-19 Vaccination Exception Requests Signal a Protected Mental Disability?

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

Long-Term COVID-19 Symptoms Raise Specter of Future Failure-to-Hire Claims

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

New Federal Guidance Classifies Long-Term COVID-19 Effects as Potential Disabilities

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

Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

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

EEOC Updates Advice to Employers on COVID-19 Vaccinations

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

Can We Charge Higher Health Insurance Premiums for Unvaccinated Employees?

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

Pregnant Workers Fairness Act Clears House

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

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

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

Responding to Accommodation Requests From Unvaccinated Employees

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

Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

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

Seventh Circuit Says Title VII's Religious Accommodation Obligation Does Not Extend Beyond Minimal Burdens

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

‘Can We Ask if Employees Have Been Vaccinated?'

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

Nike Settlement Raises Questions for Employee Mask Mandates

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

Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

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

Federal Coronavirus Leave Rules Set to Expire December 31

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

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

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

How to Evaluate Employee Teleworking Requests

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

Eleventh Circuit Approves Employer's Extended Leave Requirement Following Suicide Attempt

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

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

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

Recent Ruling Provides Path for U.S. Supreme Court to Revisit Religious Accommodation Requirement

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

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