Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more
6/24/2025
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability Discrimination ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Health Insurance ,
Motion to Dismiss ,
Reasonable Accommodation ,
Retirement ,
SCOTUS ,
Stanley v City of Sanford Florida ,
Statutory Interpretation ,
Subsidies ,
Title I ,
Title VII
On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more
6/18/2025
/ Administrative Law Judge (ALJ) ,
AJT v Osseo Area Schools Independent School District No 279 ,
Americans with Disabilities Act (ADA) ,
Bad Faith ,
Disability Discrimination ,
Educational Institutions ,
Employment Litigation ,
Failure to Accommodate ,
IDEA ,
Judicial Authority ,
Reasonable Accommodation ,
Rehabilitation Act ,
School Districts ,
SCOTUS ,
Section 504 ,
Standard of Proof ,
Statutory Interpretation ,
Students ,
Title II
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
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
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
Monkeypox (MPV) is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take....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
As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line...more
The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more
In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS).
The Court described the standard as a “blunt...more
1/14/2022
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
General Duty Clause ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Title VII ,
Vaccinations ,
Virus Testing
The Centers for Medicare & Medicaid Services (CMS) has issued an Interim Final Rule (IFR) establishing the COVID-19 vaccination requirements for staff employed at Medicare- and Medicaid-certified providers and suppliers....more
11/8/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Interim Final Rules (IFR) ,
Religious Exemption ,
Title VII ,
Vaccinations
Since March 2020, the U.S. Equal Employment Opportunity Commission’s (EEOC) COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” has been a valuable...more
10/28/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Rehabilitation Act ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Vaccinations
Federal contractors and subcontractors were left with a lot to consider last Friday (September 24, 2021), when the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety Guidance implementing President Joe...more
9/30/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
OSHA ,
Religious Exemption ,
Service Contract Act ,
Subcontractors ,
Vaccinations
Can employers mandate vaccines? The Department of Justice’s Office of Legal Counsel (OLC) says they can, but before employers do, they should consider the many legal and practical risks.
On July 26, 2021, the OLC issued an...more
The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Incentives ,
Paid Time Off (PTO) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Return-to-Work Agreements ,
State and Local Government ,
State Labor Laws ,
Traveling Employee ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more
6/2/2021
/ Adverse Employment Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
IRS ,
Medical Examinations ,
New Guidance ,
Vaccinations ,
Voluntary Participation ,
Wellness Programs
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 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
News of an outbreak of a new coronavirus first identified in Wuhan, Hubei Province, China raises issues for employers and employees about the appropriate workplace responses.
Reported cases are expanding quickly to other...more
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws. In Taylor v. Burlington Northern Railroad Holdings Inc., a case that wound its way through the...more
Twas the week before Christmas, and all through the country,
Employers wanted to help their employees be healthy,
But unfortunately some lawyers, and the EEOC-
Limited plans that ask about disability…...more
In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with...more