News & Analysis as of

Reasonable Accommodation Workplace Safety Americans with Disabilities Act (ADA)

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant

Maynard Nexsen on

This week, Tina and Christy welcome Stefania Bondurant, an in-house employment counsel for Michelin North America, which is recognized as one of the best employers in South Carolina. They discuss the Americans with...more

Littler

Build Back Botter: What Artificial Intelligence Means for the Construction Workplace

Littler on

“Hey Chat GPT, finish this building.” This dare, written on a billboard that went viral last year, captures a truth and a stereotype about the world of construction. The truth is that the construction industry will, for the...more

U.S. Equal Employment Opportunity Commission...

EEOC Launches New Outreach Initiative

Commissioner Kotagal Led Initiative Enhances Outreach to Vulnerable Workers and Underserved Communities - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) launched the REACH initiative: “Enhancing...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...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

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Jackson Lewis P.C.

Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

Jackson Lewis P.C. on

For the manufacturing industry, managing employee injury and illness presents unique challenges. Manufacturing work often involves physically taxing or potentially dangerous activities. Use of heavy tools or machinery,...more

Rumberger | Kirk

Hurricanes, Wildfires And Floods, Oh My!

Rumberger | Kirk on

How to put emergency action plans in place for dealing with natural disasters and other emergencies - In the wake of record-breaking temperatures, widespread wildfires, 100-year flooding and other natural disasters,...more

Dentons

The Sequel - EEOC Updates COVID Guidance

Dentons on

As everyone knows, the sequel is almost always messier than the original. The Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated...more

K&L Gates LLP

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace (Updated)

K&L Gates LLP on

This article has been updated since its original release date of 28 July 2022. As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On...more

Epstein Becker & Green

EEOC Walks Back its Advice on When Workplace COVID Testing is Appropriate

Epstein Becker & Green on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and...more

Seyfarth Shaw LLP

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

Littler

Disability Accommodation and COVID-19: Ten Emerging Issues to Consider

Littler on

As we enter the third year of the global COVID-19 pandemic, many U.S. businesses are implementing long-delayed return-to-office plans and hoping to establish a new equilibrium.  Public health experts, economists and...more

Foley & Lardner LLP

Return to Work Considerations – COVID and the ADA

Foley & Lardner LLP on

Employers are contending with difficult challenges unlike any time in modern history. Even though many employees, especially in the manufacturing industry, returned to work after working from home during the COVID pandemic,...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

Hinshaw & Culbertson - Employment Law...

Useful Road Map for Employers to Conduct Direct Threat Analysis Under the ADA

Most employers are familiar with the Americans with Disabilities Act (ADA) and its requirement  to provide reasonable accommodations to qualified individuals with disabilities. There is less certainty about the extent of this...more

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

Littler on

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Poyner Spruill LLP

How Much Is Too Much When Asking An Employee for Medical Records Under the ADA?

Poyner Spruill LLP on

A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more

Greenberg Glusker LLP

Employers’ Struggles with Religious & Disability Accommodations from COVID-related Policies

Greenberg Glusker LLP on

The science, guidance, and regulations related to workplace safety policies for the COVID-19 pandemic are constantly changing (goodbye federal vaccine mandate!). As employers struggle to keep up, they are confronted with the...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

Rivkin Radler LLP

NYC Clarifies Dec. 27, 2021, Vaccine Mandate for all Private Employers

Rivkin Radler LLP on

On December 15, New York City issued clarifications to it prior vaccine mandate and those clarifications can be found here: https://www1.nyc.gov/site/doh/covid/covid-19-vaccine-workplace-requirement.page. As we advised in...more

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