On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more
As more employers incorporate wearable technology in the workplace, including those enhanced by artificial intelligence, the Equal Employment Opportunity Commission (EEOC)’s new fact sheet “Wearables in the Workplace: The Use...more
1/8/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Data Collection ,
Data Privacy ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Medical Devices ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Wearable Technology ,
Workplace Safety
On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what...more
The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires...more
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
We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of...more
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was...more
8/14/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations to a qualified...more
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46...more
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023. The PWFA requires employers to post a notice describing the various protections under the new law....more
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA)...more
As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more
7/21/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
High Risk Covid Employees ,
Rehabilitation Act ,
Vaccinations ,
Virus Testing
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
5/19/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Reasonable Accommodation ,
Technology ,
Technology-Assisted Review ,
Title VII
As the number of employees requesting flexible work arrangements increases, the Equal Employment Opportunity Commission (EEOC) has released a new technical assistance document, “The COVID-19 Pandemic and Caregiver...more
In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Title VII ,
Vaccinations
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated...more
11/13/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Infectious Diseases ,
OSHA ,
Unions ,
Vaccinations ,
Workplace Safety
Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...more
2/10/2017
/ ADAAA ,
But For Causation ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Fraud ,
Hiring & Firing ,
Interference Claims ,
Medical Leave ,
Obesity ,
Retaliation ,
Standard of Review ,
Wrongful Termination
The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more