Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
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
5/19/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
EEO ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Harassment ,
Reasonable Accommodation ,
Rehabilitation Act ,
Sexual Harassment ,
Title VII ,
Vaccinations ,
Workplace Safety
Last month, Maryland Governor Larry Hogan signed into law HB 78, which amends the state’s equal employment opportunity law to require employers to reasonably accommodate a job applicant’s known disability. ...more
Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations.
The update explains and clarifies the...more
11/23/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Law Violations ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Workplace Safety
Last week, the Equal Employment Opportunity Commission expanded its technical assistance to address COVID-19 vaccinations. Here are some of the highlights.
The new guidance reiterates that the federal anti-discrimination...more
6/3/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Incentives ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.
Introduction [1] -...more
12/1/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Drug Testing ,
Drug-Free Workplace Act ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Medical Marijuana ,
New Guidance ,
Reasonable Accommodation ,
Schedule I Drugs ,
SCOTUS ,
Supremacy Clause
Under Title VII, if the EEOC determines that reasonable cause exists to believe that an employer has violated the law, it must attempt to resolve the matter through conciliation.
Plus, the Commission may sue only if it...more
Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.
The update incorporates...more
9/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Furloughs ,
GINA ,
Guidance Update ,
Layoffs ,
New Guidance ,
Reasonable Accommodation ,
Rehabilitation Act ,
Virus Testing
On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use.
The document, entitled Use and Misuse of Codeine, Oxycodone,...more
Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace?
An antibody test is a medical...more
With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more
6/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
High Risk Covid Employees ,
Medical Examinations ,
Pregnancy Discrimination ,
Public Health Emergency ,
Race Discrimination ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Remote Working ,
Title VII ,
Virus Testing
Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more
Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic:
May employers administer a COVID-19 test — a test to detect the presence...more
Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the...more