News & Analysis as of

Americans with Disabilities Act (ADA) Genetic Information Nondiscrimination Act Employer Liability Issues

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

McAfee & Taft

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023.  Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Bond Schoeneck & King PLLC

EEOC Release Update to “Know Your Rights” Poster

On Oct. 20, 2022, the Equal Employment Opportunity Commission (EEOC) released an updated poster, titled “Know Your Rights.” This poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, and covered...more

Frantz Ward LLP

EEOC Revises Mandatory Workplace Poster

Frantz Ward LLP on

On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights:  Workplace Discrimination is...more

Akerman LLP - HR Defense

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the...more

Poyner Spruill LLP

EEOC Conciliation Agreement Highlights Employer Compliance Obligations Under GINA Regarding COVID-19 Policies

Poyner Spruill LLP on

In a press release issued on July 6, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had reached an agreement to resolve findings that Tampa Bay-based medical practice Brandon Dermatology had...more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

Husch Blackwell LLP

EEOC Renews Focus on Potential for Caregiver Discrimination

Husch Blackwell LLP on

While the term “caregiver” is not identified as a protected class under federal equal employment opportunity (EEO) laws, workplace decisions that adversely impact job applicants and employees who are also caregivers can still...more

DirectEmployers Association

OFCCP Week In Review: February 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Akin Gump Strauss Hauer & Feld LLP

UPDATE: The COVID-19 Vaccine Rollout: What Employers Need to Know

To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more

Poyner Spruill LLP

Employers: Don’t Rely on Your Vendors for Wellness Program Compliance

Poyner Spruill LLP on

Many employers establish wellness programs for their employees and hire third-party vendors to administer them. A recent North Carolina case highlights why employers should have counsel review any wellness program, including...more

Lowndes

COVID-19 Vaccinations: EEOC Issues Updated Guidance for Employers

Lowndes on

The EEOC recently issued updated guidance for employers regarding COVID-19 vaccinations and questions they raise under federal equal employment opportunity laws, such as the Americans with Disabilities Act (ADA), the Genetic...more

BCLP

Employee COVID Vaccination Status: You Asked. They Answered. Now What?

BCLP on

As employers make plans to modify pandemic-related work-from-home arrangements and require employees to come into the workplace, many have wrestled with “the vaccination status question.” Should employers ask employees...more

Bond Schoeneck & King PLLC

EEOC Issues Updated Guidance Regarding COVID-19 Vaccination Incentives

Our previous information memo discussed several issues that employers should be aware of when considering whether to provide an incentive to employees to encourage them to receive the COVID-19 vaccine. On May 28, 2021, the...more

Gray Reed

EEOC Update on Workplace Practices Related to COVID-19 Vaccinations

Gray Reed on

The EEOC recently updated its guidance related to the intersection of employment discrimination laws and COVID-19 vaccinations. In addition to further defining the scope of lawful vaccination incentives, the update clarifies...more

McDermott Will & Emery

EEOC Issues New Guidance for Mandatory and Voluntary COVID-19 Vaccine Programs

Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more

Verrill

Public Accommodation Laws and Vaccination Inquiries

Verrill on

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and...more

Sheppard Mullin Richter & Hampton LLP

EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides...more

Robinson & Cole LLP

EEOC Issues Updated Guidance on Vaccinations in the Workplace

Robinson & Cole LLP on

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for the first time since December 16, 2020, to address COVID-19 vaccinations of employees in the workplace. The...more

Butler Snow LLP

EEOC Issues New Guidance on COVID-19 Vaccine Incentives

Butler Snow LLP on

On the brink of a holiday weekend and the return of many employees from working remotely back to the office, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on Friday, May 28 regarding vaccinations in...more

Foley Hoag LLP

EEOC Updates COVID-19 Guidance, Authorizes Employer Vaccine Incentives

Foley Hoag LLP on

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning COVID-19 vaccinations in the employment context. Most significantly, the EEOC offered long-awaited guidance on the...more

FordHarrison

Incentives and Education: Promoting COVID-19 Vaccinations in the Workplace

FordHarrison on

The New Guidance: - On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance relating to employers’ obligations and limitations in responding to the COVID-19 pandemic in the...more

Eversheds Sutherland (US) LLP

Summer vaccinations: EEOC releases updated guidance on vaccination incentives 

Just in time for the start of the summer, the Equal Employment Opportunity Commission (EEOC) has provided updated guidance on employer practices relating to COVID-19 vaccinations, including much-needed guidance on vaccine...more

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