News & Analysis as of

Genetic Information Nondiscrimination Act Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Fenwick & West LLP

Seventh Circuit Says All-Stock Acquisition — Without More — Does Not Trigger Liability Under Illinois’ Genetic Information Privacy...

Fenwick & West LLP on

On May 1, 2023, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative class action alleging violations of the Illinois Genetic Information Privacy Act (GIPA) against the asset management firm...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

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

Jackson Lewis P.C. on

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Smith Debnam Narron Drake Saintsing & Myers,...

Six Takeaways for Employers from EEOC’s Updated Guidance on Reopening Businesses Post-COVID

Now that many of us have been vaccinated, what should employers be doing to prepare for returning to a pre-COVID workplace? Throughout the pandemic, the federal Equal Employment Opportunity Commission (EEOC) has provided...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Ruder Ware

Breaking News – EEOC Updates its COVID-19 Vaccination Guidelines

Ruder Ware on

Today the EEOC updated its FAQ at Section K regarding vaccination requirements in the workplace.  It also issued guidance for employees and job applicants entitled “Federal Laws Protect You Against Employment Discrimination...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Seyfarth Shaw LLP

A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged

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Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges...more

Groom Law Group, Chartered

EEOC Releases Much-Anticipated Proposed ADA and GINA Wellness Rules

On January 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) finally released proposed rules regarding wellness programs under Title I of the Americans with Disabilities Act (“ADA”) (“ADA Proposed Rule”) and Title...more

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

EEOC Issues Long-Awaited Proposed Wellness Program Rules

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior...more

Miller Canfield

COVID-19 Vaccinations: Legal Considerations for Employers

Miller Canfield on

With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more

Foley & Lardner LLP

EEOC Addresses COVID Vaccine Guidance and Potential Discrimination Issues

Foley & Lardner LLP on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more

Littler

EEOC Proposes Conciliation Procedures Rule

Littler on

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

Jackson Lewis P.C.

More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, And Telework

Jackson Lewis P.C. on

Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

Laner Muchin, Ltd.

Recent Class Action Lawsuit Involving Yale University’s Wellness Program Is A Cautionary Tale For Employers

Laner Muchin, Ltd. on

There is an increasing trend in legal challenges to an employer’s administration of a wellness program and whether that program violates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination...more

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

EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records...more

Kilpatrick

The Sky is not Falling on Wellness Programs

Kilpatrick on

There has been a flurry of recent legal newsletters and blog entries about the changes to wellness programs effective on January 1, 2019. The consistent theme of these articles is that wellness programs will be significantly...more

Fisher Phillips

3 Options For Providing Wellness Program Incentives In 2019…And Beyond

Fisher Phillips on

Employers are about to enter into limbo when it comes to maintaining wellness programs, and you will soon need to make a decision about how you will implement any such programs at your workplace. As of January 1, 2019, the...more

Littler

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

Littler on

Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more

Bradley Arant Boult Cummings LLP

Voluntarily Sharing Family’s Cancer History Bars GINA Claims, Court Holds

GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more

K&L Gates LLP

Back to the Drawing Board: Employer Wellness Program Uncertainty in Light of AARP v. EEOC

K&L Gates LLP on

Despite a rapidly growing and changing compliance landscape, employers have continued to offer wellness programs in an effort to control rising health-care costs and improve employees’ overall health and productivity. In...more

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