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Employment Policies Employer Liability Issues Disability

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Bradley Arant Boult Cummings LLP

Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more

Fisher Phillips

From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

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If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more

Holland & Hart - Employers' Lawyers

How to Support an Employee Going Through a Gender Transition

As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an...more

Miller Nash LLP

Beyond Accommodations: Supporting Workplace Neurodiversity

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The Americans with Disabilities Act (ADA) has been an extraordinarily successful law. Certainly, individuals working in human resources know that there are challenging aspects to it, but access to the ability to work has...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

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The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Dentons

EEOC Guidance: At-Risk Employees and COVID

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As noted in a prior article, on July 12, 2022, the EEOC updated its COVID-19 guidance, in relation to the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other equal employment opportunity laws. ...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Spilman Thomas & Battle, PLLC

Evaluating COVID-19 as a Disability Under the ADA

In December 2021, the Equal Employment Opportunity Commission ("EEOC") updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act ("ADA"). The ADA is applicable to...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

McAfee & Taft

‘Disabling’ COVID-19 effects present ADA considerations for employers

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Despite the decline in positive COVID-19 cases, employers should remain aware of their ongoing obligations to employees impacted by the virus. According to guidance issued by the Equal Employment Opportunity Commission,...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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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

McAfee & Taft

Depending on fact-based assessment, COVID may be considered disability under ADA

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On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Spilman Thomas & Battle, PLLC

Tips for Navigating the Accommodation Requests Associated with Pandemic-Related Stressors

Over the last 18 months, nearly everyone has experienced increased stress as once simple decisions about day-to-day routines became more complicated, going to work and school became a potential health risk, and many families...more

Whitman Legal Solutions, LLC

Employers Can Require COVID-19 Vaccines

This article discusses whether employers can require COVID-19 vaccinations or tests or require that employees wear masks. I’m not a scientist or physician, so this article doesn’t discuss whether vaccinations or masks prevent...more

Hogan Lovells

Jam tomorrow - employment implications of UK's national disability strategy

Hogan Lovells on

The UK government has published its national disability strategy, which is designed to help reduce the disability employment gap and ensure that disability is not a barrier to someone’s ability to reach their full potential....more

Foley & Lardner LLP

Return to Work Resistance: Navigating the ADA Interactive Process and COVID-19 Disability Accommodation Requests

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As vaccine proliferation continues, employers are preparing to welcome their workforces back to offices and job sites across the country. While many Americans are eager to return to pre-pandemic life, employers can expect...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

Foley Hoag LLP

EEOC Issues Guidance on COVID-19 Vaccine

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On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding the intersection of employer COVID-19 vaccine policies and various federal equal employment opportunity...more

Poyner Spruill LLP

Recent 4th Circuit Case Gives Best Practices for ADA Accommodation Claims

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Recently, the Fourth Circuit issued an opinion in an Americans with Disabilities Act (ADA) accommodation case, Elledge v. Lowe’s Home Centers, LLC[i]. The case shows the importance of employers paying close attention to the...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

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You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

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