News & Analysis as of

Americans with Disabilities Act (ADA) Protected Class Employer Liability Issues

Bricker Graydon LLP

Is Remote Work ‘Protected’?

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We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Amundsen Davis LLC

EEOC Takes More Aggressive Stance on Discrimination Lawsuits

Amundsen Davis LLC on

On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Council Approves Bill to Ban Employment Discrimination Based on Height and Weight

On May 11, 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of an individual’s height or weight. The bill, Int. No. 209-A, was sent to Mayor Eric Adams for final approval...more

BakerHostetler

Neurodivergence in the Workplace and Associated Employment-Related Considerations

BakerHostetler on

Although coined in the late 1990s, the term “neurodivergent” has only recently risen to mainstream recognition, with some studies now claiming that up to one in five employees identify as neurodivergent. As employers begin to...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

BCLP

Q&A COVID Workplace Vaccine Issues for U.S. Employers

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As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

BCLP

Coronavirus (US): Key vaccination issues for employers - Part 1

BCLP on

As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

Payne & Fears

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Payne & Fears on

The EEOC recently updated its guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, including several FAQs on reasonable accommodation and harassment. ...more

Bricker Graydon LLP

EEOC accuses a Yale hospital of violating ADEA and ADA by blanket medical testing of physicians over 70 years old

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The U.S. Equal Employment Opportunity Commission (EEOC) has sued Yale New Haven Hospital based on the implementation of its “Late Career Practitioner Policy.” On February 11, 2020, the EEOC filed a complaint in federal court...more

Foley & Lardner LLP

To Stalk or Not to Stalk . . . That Is the Question – Using Social Media for Applicant Review

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Now more than ever, employers are using social media to screen job applicants. According to a 2018 survey, 70 percent of employers use social media to research candidates. Using social media to research job applicants can...more

Perkins Coie

Washington Supreme Court Holds That Obesity Is Protected Against Discrimination

Perkins Coie on

The Washington State Supreme Court recently held obesity qualifies as an impairment under the Washington Law Against Discrimination (WLAD). The decision runs counter to other court decisions across the country finding obesity...more

Fisher Phillips

Obesity: A New Protected Class In Washington

Fisher Phillips on

The Washington Supreme Court held for the first time yesterday that obesity is a protected class under state anti-discrimination law (Taylor v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Holds That Obesity Alone Is Not a Protected Disability Under the ADA

In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a...more

Fisher Phillips

Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

Fisher Phillips on

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when...more

Cozen O'Connor

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Dentons

Going For the Gold: How To Legally Recruit The Best Candidates

Dentons on

This summer the world’s greatest athletes are competing for Olympic gold. In order to win, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

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