News & Analysis as of

Disability Discrimination Employment Litigation Coronavirus/COVID-19

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

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable...more

Proskauer - California Employment Law

What Would John Wilkes Booth Do? Mandatory COVID Vaxes for Actors

Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more

Miles & Stockbridge P.C.

Employers Beware: Return-to-Office Mandates and the Americans with Disability Act

Miles & Stockbridge P.C. on

As the Covid-19 pandemic drifts further into the rearview, many companies are rolling back work-from-home policies and requiring employees to return to the office on a schedule similar to pre-pandemic office hours, with...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Seyfarth Shaw LLP

Court Provides Guidance Regarding Employer Vaccine Mandates

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Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

Littler on

An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

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As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Proskauer - California Employment Law

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

Akerman LLP - HR Defense

Thousands of COVID-Related EEOC Charges Filed; More to Come?

Employers should be prepared: while COVID may feel like it’s on the wane, COVID-related charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) are on the rise. According to data published by Bloomberg from...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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

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

Poyner Spruill LLP

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

Poyner Spruill LLP on

On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

American Conference Institute (ACI)

[Event] 30th Annual Employment Practices Liability Insurance Conference - January 25th - 26th, New York, NY

ACI’s Forum on Employment Practices Liability Insurance is returning to New York City on January 25 – 26, 2022! IN-PERSON and LIVESTREAM options available. This annual conference is the one-stop, must-attend meeting place...more

Epstein Becker & Green

#WorkforceWednesday: Remote Work and Reasonable Accommodations, Important Dates for Federal Contractors, Learn About AI -...

Epstein Becker & Green on

This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them. Remote Work and Reasonable Accommodations (see video...more

JAMS

The Surge in Workplace Disputes Under Disability Discrimination Laws: Good News or Bad News?

JAMS on

I have been wondering—as we are well into our second year of the pandemic—whether the relationships between employees with disabilities and their employers are changing in unanticipated ways. My curiosity leads to the...more

Bradley Arant Boult Cummings LLP

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for...

Epstein Becker & Green on

This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead. EEOC: Back in Enforcement...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

Fisher Phillips

The Top 18 Workplace Law Stories from September 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

Epstein Becker & Green

Vaccine Mandate Requirement, First COVID-19 Remote Work Suit, Whistleblower Awards Top $1 Billion - Employment Law This Week®

Epstein Becker & Green on

This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and...more

Fisher Phillips

First Shot Fired: EEOC Files First Pandemic-Related Remote Work Discrimination Lawsuit

Fisher Phillips on

After the COVID-19 pandemic required many employers to implement remote work arrangements (both to continue their operations and to comply with new state and federal regulations), many employers – and employment lawyers –...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,...

Mandatory Vaccination Policy Lawsuit Update: Nurses Take a Shot Against Hospital, But Judge Jabs Back

Many workplace leaders have been wondering, “Can we require employees to get the COVID-19 vaccine as a condition of employment?” According to a recent Ogletree Deakins benchmarking survey, most employers are not ready to...more

Fisher Phillips

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Fisher Phillips on

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before,...more

Fisher Phillips

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

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With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more

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