News & Analysis as of

Corporate Counsel Coronavirus/COVID-19 Americans with Disabilities Act (ADA)

Seyfarth Shaw LLP

DOJ Withdraws Eleven ADA Guidance Documents For Public Accommodations

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The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission will reduce the burden on businesses to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Troutman Pepper Locke

Requests for Remote Work Accommodations Require Individualized Assessments

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As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Jackson Lewis P.C.

EEOC Revises its COVID-19 Guidance, Again

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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

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Fisher Phillips

EEOC’s New Workplace COVID-19 Testing Rules Might Require You to Make Key Changes: 7 Takeaways for Employers

Fisher Phillips on

Employers that continue to test workers for COVID-19 should review their policies to ensure they comply with updated guidelines released Tuesday by the Equal Employment Opportunity Commission (EEOC). In prior guidance, the...more

Ballard Spahr LLP

EEOC Updates Its COVID-19 Related Technical Guidance Amid New Trends

Ballard Spahr LLP on

On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment...more

Foley & Lardner LLP

Religious Accommodation Challenges to COVID-19 Vaccination Policies — Lessons for Employers from Preliminary Court Decisions

Foley & Lardner LLP on

Whether to protect the health and safety of their workplaces, to comply with governmental requirements when applicable, or a combination of the two, many employers have adopted mandatory COVID-19 vaccination policies. Faced...more

BCLP

COVID-19: New EEOC Guidance Puts Employees with Caregiving Responsibilities Front and Center

BCLP on

As the second year of the COVID-19 pandemic ends, employers and employees alike continue to juggle a variety of demands. Finding a balance for these obligations can often result in both practical and legal considerations....more

Husch Blackwell LLP

EEOC Issues Employer Guidance for COVID-19 Vaccinations and Religious Objections

Husch Blackwell LLP on

Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine. Since lifting the stay of the CMS rule requiring...more

Foley & Lardner LLP

Can COVID Be an ADA-Covered Disability? Alabama Federal Court Says “Yes.”

Foley & Lardner LLP on

As the COVID pandemic continues, and an increasing number of employees have contracted the virus, there are many potential employment issues surrounding an employee’s positive test result. At the outset of the pandemic, many...more

Fisher Phillips

Worker Fired During COVID-19 Isolation Can Proceed with Disability Lawsuit, Says Federal Court

Fisher Phillips on

A federal court just ruled that a nurse fired while isolating with a case of COVID-19 can proceed with her disability discrimination lawsuit against her former employer, further developing a body of law permitting COVID...more

Perkins Coie

Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden Administration

Perkins Coie on

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

Is COVID-19 a Disability? EEOC Provides Updated Guidance

Jackson Lewis P.C. on

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance...more

Jackson Lewis P.C.

List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand

Jackson Lewis P.C. on

In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Stay Tuned as OSHA’s Vax-Or-Test Rule Will Soon Be Finalized

On October 12, 2021, the United States Occupational Safety and Health Administration (OSHA) sent its highly anticipated emergency temporary standard (ETS), also known as the COVID-19 “vax-or-test rule,” to the White House for...more

Hahn Loeser & Parks LLP

Answering the Top 10 Questions Employers Have About the COVID-19 Vaccine

Hahn Loeser & Parks LLP on

Over the past few months, the COVID-19 vaccine has dominated news coverage and is at the forefront of the current administration’s agenda. On Thursday, September 9, 2021, President Joe Biden announced a sweeping new federal...more

Society of Corporate Compliance and Ethics...

[Event] Dallas Regional Compliance & Ethics Conference - October 22nd, Frisco, TX

Our one-day Regional Compliance and Ethics Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Fisher Phillips

Federal Court Allows COVID-Based Disability Discrimination Lawsuit to Proceed

Fisher Phillips on

A federal court in Pennsylvania recently refused to dismiss a lawsuit alleging that an employer violated the Americans with Disabilities Act (ADA) by firing a worker because she tested positive for COVID-19. Notably, the...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

Seyfarth Shaw LLP

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

Fox Rothschild LLP

EEOC Sues Over Denial Of COVID-Related Work-From-Home Request

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission has filed a disability discrimination and retaliation suit against a Georgia employer for refusing to grant a COVID-related accommodation to a worker who requested that she be...more

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