News & Analysis as of

Reasonable Accommodation Coronavirus/COVID-19 Disability

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

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

Mitratech Holdings, Inc

Please Keep Work-at-Home Options Available for the Disabled!

The employment rate for individuals with disabilities has soared since the mid-2020 depths of the COVID crisis. The driving factors behind this remarkable surge include telework and a tight labor market....more

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

Beltway Buzz - January 2023 #4

POTUS Re-ups Labor Nominees. This week, President Biden renominated Jessica Looman to serve as administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division and José Javier Rodriguez to serve as assistant...more

Dentons

EEOC Guidance: At-Risk Employees and COVID

Dentons on

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

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....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

McAfee & Taft

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

McAfee & Taft on

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

Snapshot on Manufacturing Industry: January 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

Burr & Forman on

Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

Poyner Spruill LLP

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

Poyner Spruill LLP on

On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

Jackson Lewis P.C.

Boston: Proof of COVID-19 Vaccination to Enter Certain Indoor Venues; Workers Must Be Vaccinated

Jackson Lewis P.C. on

Newly elected Boston Mayor Michelle Wu has announced that, starting on January 15, 2022, individuals will be required to show proof of vaccination against COVID-19 in order to enter certain indoor spaces in Boston. People...more

Kelley Drye & Warren LLP

UPDATE ON COVID CONSIDERATIONS: Long COVID Now an ADA Disability

Kelley Drye & Warren LLP on

UPDATE: December 17, 2021 - In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the ADA, making specific...more

Morgan, Brown & Joy, LLP

EEOC Issues Updated Guidance Addressing Coverage of COVID-19-Related Conditions Under the ADA

Morgan, Brown & Joy, LLP on

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued additional guidance on COVID-19 as a “disability” under the Americans with Disabilities Act (“ADA”). The EEOC explained that, depending on...more

Fisher Phillips

7 Key Takeaways for Employers as EEOC Says COVID-19 Is “Sometimes” a Disability Under The ADA

Fisher Phillips on

As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more

Ballard Spahr LLP

EEOC Updates Technical Assistance Manual To Include COVID-19 as a “Disability”

Ballard Spahr LLP on

On December 14, 2021, the EEOC updated its COVID-19 Technical Assistance manual Technical Assistance manual to address when employees who contract COVID-19 are covered under the Americans with Disabilities Act (“ADA”). The...more

McAfee & Taft

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

McAfee & Taft on

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

Bowditch & Dewey

EEOC Issues Guidance on COVID-19 and Disability Protections Under the Americans with Disabilities Act

Bowditch & Dewey on

The U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance on Tuesday, December 14th, clarifying under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act...more

Williams Mullen

EEOC Advises That COVID-19 Can Meet the Definition of a Disability Under the ADA and the Rehabilitation Act

Williams Mullen on

As Williams Mullen has previously reported here throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has been active in providing guidance to covered employers through its publication, “What...more

Jackson Lewis P.C.

Is COVID-19 a Disability? EEOC Provides Updated Guidance

Jackson Lewis P.C. on

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance...more

Constangy, Brooks, Smith & Prophete, LLP

Yes, Virginia, COVID-19 Can Be A Disability

From my blog inbox . . . "DEAR ROBIN: I am 8 years old. "Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act. "Papa says, 'If you see it in EMPLOYMENT AND LABOR...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

Carlton Fields

COVID-19 Accommodation Trends Relating to Vaccination and Remote Work

Carlton Fields on

Introduction - The ongoing COVID-19 pandemic has altered the American workplace in countless ways, including with respect to workplace disability accommodation needs and issues. Since the start of the pandemic in early...more

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