News & Analysis as of

Department of Justice (DOJ) Americans with Disabilities Act (ADA) Coronavirus/COVID-19

Seyfarth Shaw LLP

DOJ Withdraws Eleven ADA Guidance Documents For Public Accommodations

Seyfarth Shaw LLP on

The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission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

Procopio, Cory, Hargreaves & Savitch LLP

When Hospital Medical Staff Applications Seek Mental Health History of Practitioners

The core responsibilities of hospitals and their medical staffs are the promotion of patient safety and the quality of care rendered to patients in the hospital. Federal and state law require that medical staffs evaluate the...more

Jackson Lewis P.C.

Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

DOJ Updates Its COVID-19 and ADA FAQs with Information About “Streateries” and Medical Facilities’ Visitor Policies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOJ issued guidance on two COVID-era access issues, confirming outdoor business operations must comply with the ADA and prohibiting medical providers from adopting blanket bans on companion...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

Rumberger | Kirk

Long Haul COVID-19 and the ADA: What Employers Should Know

Rumberger | Kirk on

As we prepare to enter into year three of the COVID-19 pandemic, we thankfully have made important advances with vaccines and boosters to curb the threat of severe illness and death from COVID-19. For most, the effects of a...more

U.S. Equal Employment Opportunity Commission...

EEOC Adds New Section Clarifying When COVID-19 May Be a Disability, Updating Technical Assistance

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the...more

Foley & Lardner LLP

Long COVID: The Long (and Short) of Compliance with the ADA

Foley & Lardner LLP on

As employers continue to navigate through the challenges of the COVID-19 pandemic, government agencies, such as the U.S. Equal Employment Opportunity Commission (EEOC) have been instrumental in issuing guidance that allows...more

McNees Wallace & Nurick LLC

Long COVID may be a disability, Biden Says

The Biden Administration announced earlier this summer that Long COVID may qualify as a disability under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act and several other federal statutes offering...more

Cole Schotz

Increasing COVID-19 Cases Accompanied By Increasing Employer Vaccination Policies: Can Employers Legally Require Employees To...

Cole Schotz on

As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local...more

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

COVID-19 Variants and Key Government Actions Accelerate Employer Vaccination Policy Implementation

With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more

Kelley Drye & Warren LLP

COVID CONSIDERATIONS: Long COVID Now a Disability

It seems that at every turn, COVID-19 is keeping employers from catching their breath. We’ve discussed on this blog how employers should navigate having employees work from home, reopening and remaining compliant with the law...more

White and Williams LLP

Employer Vaccination Policies Will Continue to Gain Momentum as DOJ Offers New Guidance and Federal Employers Impose New Vaccine...

With the Delta variant on an upswing and COVID-19 vaccines widely available, more and more employers are considering implementing mandatory COVID-19 vaccination policies in the workplace. This is especially true for employers...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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

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

DOJ Releases Memorandum Supporting Employers’ Right to Mandate Vaccines Approved by the FDA for Emergency Use

Growing numbers of private businesses and public entities have announced policies requiring employees and others to be vaccinated against COVID-19 as a condition of employment or as a condition of access to facilities or...more

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

Husch Blackwell LLP on

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

Bond Schoeneck & King PLLC

Department of Justice Issues Opinion on the Legality of COVID-19 Vaccination Mandates

Since the first COVID-19 vaccines were granted emergency use authorization by the Food and Drug Administration in December, many businesses have wrestled with whether to impose vaccine mandates for their employees. ...more

Jackson Lewis P.C.

DHHS And DOJ Issue Guidance On “Long COVID” As A Disability

Jackson Lewis P.C. on

On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with...more

Jackson Lewis P.C.

To Mandate Or Not To Mandate: Department Of Justice Weighs In On Vaccination Mandates

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

What Does The CDC’s Latest Mask Guidance Mean For Businesses Open To The Public?

Jackson Lewis P.C. on

The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and...more

McGuireWoods LLP

DOJ Announces Plan for Coordinated Civil Rights Response to COVID-19

McGuireWoods LLP on

On April 2, 2021, Pamela S. Karlan, the Principal Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice Civil Rights Division (DOJ), issued a public statement regarding the Division’s intent to...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2021

Foley & Lardner LLP on

One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues. Foley’s...more

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

The Top 10 Labor and Employment Issues Keeping Retailers Up at Night in 2021

Now that the inauguration has passed and the Biden administration has begun its work, it is a good time for retailers to take stock of the labor and employment issues that are likely to assume prominence in 2021, and to...more

Rumberger | Kirk

Remain Mindful Of ADA Mask Policies

Rumberger | Kirk on

Protecting customers and employees during the COVID-19 pandemic is now, more than ever, a top concern for retail businesses. Many retailers have instituted mandatory face mask policies pursuant to federal and state...more

Rumberger | Kirk

INSIGHT: Can Retailers Refuse to Serve Maskless Customers? Check ADA Rules

Rumberger | Kirk on

Retail businesses instituting face mask policies need to understand the Americans with Disability Act’s prohibitions and requirements to help avoid potential litigation, RumbergerKirk attorneys say. In cities and states that...more

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