News & Analysis as of

Reasonable Accommodation Department of Justice (DOJ)

Seyfarth Shaw LLP

“Polly Want A Windfall?”: U.S. Department of Justice Slams NYC Co-Op for Denying Three Emotional Support Parrots, Imposing...

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Co-op and condo boards have a legal obligation to provide reasonable accommodations to residents with disabilities. Residents often request permission to live with their so-called emotional support or therapy animals (“ESAs”)...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Jackson Lewis P.C.

Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

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Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034...more

Nilan Johnson Lewis PA

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more

Lippes Mathias LLP

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

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While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

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​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

Saiber LLC

Justice Department and EEOC Caution the Use of Artificial Intelligence to Make Employment Decisions

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Employers should be aware that AI and other software tools may result in unlawful discrimination against people with disabilities in violation of the American with Disabilities Act - On May 12, 2022, the U.S. Department...more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

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For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

Proskauer - Law and the Workplace

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

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Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

U.S. Equal Employment Opportunity Commission...

U.S. EEOC and U.S. Department of Justice Warn against Disability Discrimination

Employers’ Use of Artificial Intelligence Tools Can Violate the Americans with Disabilities Act - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each...more

Jackson Lewis P.C.

U.S. Department Of Justice Issues Guidance Concerning Legal Protections For Individuals Recovering From Opioid Use Disorder

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The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those...more

Rumberger | Kirk

Long Haul COVID-19 and the ADA: What Employers Should Know

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As we prepare to enter into year three of the COVID-19 pandemic, we thankfully have made important advances with vaccines and boosters to curb the threat of severe illness and death from COVID-19. For most, the effects of a...more

U.S. Equal Employment Opportunity Commission...

EEOC Adds New Section Clarifying When COVID-19 May Be a Disability, Updating Technical Assistance

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the...more

Foley & Lardner LLP

Long COVID: The Long (and Short) of Compliance with the ADA

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As employers continue to navigate through the challenges of the COVID-19 pandemic, government agencies, such as the U.S. Equal Employment Opportunity Commission (EEOC) have been instrumental in issuing guidance that allows...more

Cole Schotz

Increasing COVID-19 Cases Accompanied By Increasing Employer Vaccination Policies: Can Employers Legally Require Employees To...

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As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local...more

Bailey & Glasser, LLP

10 Considerations for Employers Contemplating Mandatory Vaccination Policies

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If you’re an employer contemplating implementing a mandatory COVID-19 vaccination policy for your workforce, you aren’t alone. With COVID-19 cases surging around the country and leading to new Centers for Disease Control and...more

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

COVID-19 Variants and Key Government Actions Accelerate Employer Vaccination Policy Implementation

With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more

Kelley Drye & Warren LLP

COVID CONSIDERATIONS: Long COVID Now a Disability

It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law...more

White and Williams LLP

Employer Vaccination Policies Will Continue to Gain Momentum as DOJ Offers New Guidance and Federal Employers Impose New Vaccine...

With the Delta variant on an upswing and COVID-19 vaccines widely available, more and more employers are considering implementing mandatory COVID-19 vaccination policies in the workplace. This is especially true for employers...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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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

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

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On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more

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