New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated...more
For the past year, businesses and attorneys alike have been impatiently awaiting the U.S. Supreme Court’s decision on whether a “tester” plaintiff – a person with a disability who examines compliance with the Americans with...more
On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more
9/19/2022
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Department of Justice (DOJ) ,
Disability Discrimination ,
E-Commerce ,
Internet Retailers ,
Public Accommodation ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
On March 18, 2022, the Department of Justice (“DOJ” or “Department”) published guidance on web accessibility and the Americans with Disabilities Act (“ADA”). The guidance addresses how state and local governments (covered by...more
While the term “caregiver” is not identified as a protected class under federal equal employment opportunity (EEO) laws, workplace decisions that adversely impact job applicants and employees who are also caregivers can still...more
Tennessee and Florida enacted state laws earlier this month that impose restrictions on an employer’s ability to impose vaccine mandates or to ensure employees are vaccinated. While Tennessee’s law provides employers who are...more
11/23/2021
/ Adverse Action ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Florida ,
Governor DeSantis ,
Governor Lee ,
Healthcare Facilities ,
Masks ,
Opt-Outs ,
OSHA ,
Public Schools ,
Reemployment ,
Religious Exemption ,
Tennessee ,
Unemployment Benefits ,
Vaccinations ,
Virus Testing
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a soft vaccine...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Joe Biden ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Religious Exemption ,
Vaccinations ,
Virus Testing
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) released an advance copy of the Interim Final Rule (IFR) related to COVID-19 vaccines for most of the entities covered by applicable Conditions of...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Documentation ,
Health Care Providers ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Religious Accommodation ,
Title VII ,
Vaccinations
On Thursday, November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS) applicable to employers of 100 or more employees. The ETS requires employers to adopt a...more
11/5/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Employer Mandates ,
Executive Orders ,
Franchisors ,
Healthcare Facilities ,
Masks ,
OSHA ,
Paid Leave ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations ,
Virus Testing
President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, directs the federal Safer Federal Workforce Task Force (“Task Force”) to develop COVID-19 workplace...more
9/28/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Social Distancing ,
Subcontractors ,
Vaccinations
Now that the federal Food and Drug Administration (FDA) has issued its formal approval of the Pfizer-BioNTech COVID-19 vaccine, many employers are beginning to implement vaccine requirements for employees. This article...more
8/31/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Hiring & Firing ,
Incentives ,
Masks ,
Pfizer ,
Religious Beliefs ,
Vaccinations ,
Wage and Hour
Title VII requires an employer to provide a reasonable accommodation for an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless providing the accommodation would...more
8/26/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Masks ,
Popular ,
Reasonable Accommodation ,
Religious Beliefs ,
Religious Discrimination ,
Religious Exemption ,
Social Distancing ,
Title VII ,
Undue Hardship ,
Vaccinations
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