News & Analysis as of

Reasonable Accommodation Corporate Counsel Coronavirus/COVID-19

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper on

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed Over the Holidays

Fisher Phillips on

Happy 2023! We hope you had some time to unwind and recharge over the winter holiday season – but you may be feeling out of the loop now that your attention is turned back to work. We know it’s hard to keep up with all the...more

Fisher Phillips

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

Fisher Phillips on

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase...more

Fisher Phillips

The Top 16 Workplace Law Stories from August 2022

Fisher Phillips on

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

Cozen O'Connor

Circuit Court Clarifies Employer Burdens in Religious Accommodation Cases

Cozen O'Connor on

Religious accommodation cases continue to vex employers. Especially since the rise of COVID-19, employers have had to face a rising tide of employee claims that their religious beliefs entitle them to an exemption from...more

Mintz - Employment Viewpoints

EEOC (Again) Updates Religious Accommodation and Vaccine Mandate Guidance

The EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws. We previously discussed this guidance here. This guidance, updated on March 1,...more

Foley & Lardner LLP

Can COVID Be an ADA-Covered Disability? Alabama Federal Court Says “Yes.”

Foley & Lardner LLP on

As the COVID pandemic continues, and an increasing number of employees have contracted the virus, there are many potential employment issues surrounding an employee’s positive test result. At the outset of the pandemic, many...more

Fisher Phillips

Worker Fired During COVID-19 Isolation Can Proceed with Disability Lawsuit, Says Federal Court

Fisher Phillips on

A federal court just ruled that a nurse fired while isolating with a case of COVID-19 can proceed with her disability discrimination lawsuit against her former employer, further developing a body of law permitting COVID...more

Sherman & Howard L.L.C.

Don’t Go Down with the Ship: Sham Review Process Sinks Navy’s Religious Exemption Policy

In one of the more notorious challenges to COVID-19 vaccine mandates, a group of Navy Special Warfare servicemembers filed suit after the Navy denied their requests for religious accommodations. Last week, a federal court...more

Foley & Lardner LLP

Michigan Federal Court Denies Employee’s Attempt to Stave off Termination for Failing to Receive COVID-19 Vaccine on Religious...

Foley & Lardner LLP on

A recent court decision bolstered the position of employers who take a strict position on enforcing COVID-19 vaccine mandates. Specifically, on January 3, 2022, the U.S. District Court for the Eastern District of Michigan...more

Foley & Lardner LLP

The COVID-19 Vaccination Mandate: CMS is Ready for Enforcement ... in Half of the United States

Foley & Lardner LLP on

Despite continuing disputes as to the legality and enforcement of the CMS vaccine mandate for certified providers and suppliers, CMS has indicated it will proceed with enforcement of the mandate in those states where it is...more

Dickinson Wright

EEOC Lawsuit Reminds Employers of the Legal Issues Involved in Creating and Implementing Remote Work Policies

Dickinson Wright on

This fall, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its...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

BCLP

Changes and Developments in California Employment Laws for 2022

BCLP on

As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Foley Hoag LLP

New York City Announces COVID-19 Vaccine Mandate for Private Employers

Foley Hoag LLP on

On December 6, 2021, New York City announced a vaccine mandate for all private-sector employers that will take effect on December 27, 2021. The mandate, which will require all in-person employees who are in a workplace with...more

Hinshaw & Culbertson - Employment Law...

Religious Exemptions to COVID-19 Vaccine Mandates Do Not Include Political, Social, Economic Beliefs, According to EEOC

On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS). It required employers of 100 or more employees to institute mandates requiring employees to be fully...more

Miller Canfield

CANADA: Are Mandatory COVID-19 Vaccination Policies Enforceable? Maybe, Maybe Not.

Miller Canfield on

Since the release of government-approved vaccines to help fight the COVID-19 pandemic, employers have been wrestling with how to implement vaccination policies in the workplace. For those employers who have implemented a...more

Foley & Lardner LLP

OSHA’s Emergency Temporary Standard: A Step-by-Step Guide

Foley & Lardner LLP on

As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees. While we have seen court challenges and indeed the...more

Jackson Walker

Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

Jackson Walker on

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS was published in the Federal Register...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

Fisher Phillips on

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

Proskauer - Law and the Workplace

EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates

On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more

Manatt, Phelps & Phillips, LLP

Court Refuses to Halt Employer’s Mandatory Vaccination Policy

In one of the first cases involving a request for an injunction against a private employer’s vaccine mandate, a federal court refused to put a stop to the employer’s mandatory vaccination policy....more

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