News & Analysis as of

Reasonable Accommodation Department of Justice (DOJ) Employer Liability Issues

Epstein Becker & Green

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

Epstein Becker & Green on

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

ArentFox Schiff on

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

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

Seyfarth Shaw LLP on

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

Saiber LLC

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

Saiber LLC on

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

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

Fisher Phillips on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Bailey & Glasser, LLP

10 Considerations for Employers Contemplating Mandatory Vaccination Policies

Bailey & Glasser, LLP on

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

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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

McAfee & Taft

Biden Administration releases guidance classifying ‘long COVID’ as a potential disability

McAfee & Taft on

On July 26, 2021, the Biden Administration announced that “long COVID” – a condition in which some people continue to experience COVID symptoms long after the acute phase of infection –could be considered a disability under...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Orrick, Herrington & Sutcliffe LLP

Inside USERRA's Extensive Requirements for Employers

The Uniformed Services Employment and Reemployment Rights Act prohibits employers of all types and sizes from discriminating against applicants and employees on the basis of their military status or obligations, and...more

Seyfarth Shaw LLP

Forcing The Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy

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Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Fisher Phillips

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

Seyfarth Shaw LLP

Fifth Circuit Says Regular Attendance at Work is an Essential Function of Most Jobs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more

Poyner Spruill LLP

Employer Requirements in Regard to Permitting Employees to Bring Service Dogs to Work

Poyner Spruill LLP on

In a recently filed lawsuit, Equal Employment Opportunity Commission v. CRST International Inc. and CRST Expedited Inc., the EEOC alleges that CRST violated the Americans With Disabilities Act (“ADA”) by denying an...more

Zelle  LLP

Reasonable Accommodation Includes Electronic Accessibility

Zelle LLP on

Computers, mobile devices, and the Internet are integral parts of today’s workplace. Employees email, log into various systems and programs, complete employer forms, and manage their time online. Job seekers research...more

Epstein Becker & Green

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

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It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Fisher Phillips

Healthcare Update, No. 4, November 2013: What's An "Individualized Analysis" – And Why Should I Care?

Fisher Phillips on

The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation...more

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