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Employee Privacy Rights Americans with Disabilities Act (ADA) Employer Liability Issues

CDF Labor Law LLP

How a Smart Watch May Lead to Unintended Concerns for Employers

CDF Labor Law LLP on

New technologies continue to transform the workplace and raise additional legal considerations for employers. Wearable technologies such as smart glasses, watches, and exoskeleton suits are valuable tools that help workers...more

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Littler

EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern Over Employee Monitoring

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On December 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its new fact sheet, “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws,” which provides...more

Poyner Spruill LLP

EEOC Conciliation Agreement Highlights Employer Compliance Obligations Under GINA Regarding COVID-19 Policies

Poyner Spruill LLP on

In a press release issued on July 6, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had reached an agreement to resolve findings that Tampa Bay-based medical practice Brandon Dermatology had...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

BCLP

Employee COVID Vaccination Status: You Asked. They Answered. Now What?

BCLP on

As employers make plans to modify pandemic-related work-from-home arrangements and require employees to come into the workplace, many have wrestled with “the vaccination status question.” Should employers ask employees...more

Littler

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Littler on

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

CDF Labor Law LLP on

While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Bowditch & Dewey

Can Massachusetts Employers Collect COVID-19 Vaccination Cards From Employees?

Bowditch & Dewey on

As COVID-19 vaccines have become more widely available, many employers have been faced with the questions of whether and how to request vaccination information from employees. As discussed below, Massachusetts employers...more

Epstein Becker & Green

#WorkforceWednesday: 2020 in Review and What's to Come in 2021

It's our first #WorkforceWednesday of 2021! The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. Workplace Safety...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

Littler on

With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

Cohen & Gresser LLP

Protecting Employees From COVID-19 Without Violating Their Privacy Rights

Cohen & Gresser LLP on

A common response to widespread disease has always been to avoid contact with others until the disease runs its course. Many states adopted that approach to combat the COVID-19 outbreak by implementing stay-at-home orders,...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can't Test For COVID-19 Antibodies, EEOC says

An ambiguity in the agency's prior guidance has been clarified. The Equal Employment Opportunity Commission updated its guidance on COVID-19 issues yesterday and clarified that employers may not test employees for COVID-19...more

The Volkov Law Group

Privacy and Employee Issues During the New COVID-19 Pandemic Era

The Volkov Law Group on

The global pandemic has created unique risks for handling employees’ exposure to, or positive testing for, COVID-19.  To ensure a safe workplace, companies have to address delicate issues surrounding employee safety....more

McNees Wallace & Nurick LLC

EEOC Provides Guidance on Employer Testing for COVID-19

The Equal Employment Opportunity Commission (EEOC) updated the guidance document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws” on April 23, 2020 to address employer...more

Spilman Thomas & Battle, PLLC

This Too Shall Pass: and Then What? Part 2 - Legal Considerations for Return-to-Work Decision-Making

In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more

Hinshaw & Culbertson - Employment Law...

Additional FAQs Regarding Employer Compliance and COVID-19

On April 23, 2020, Hinshaw labor and employment attorneys Brette Bensinger, Maryjo Pirages Reynolds, and Leigh Bonsall presented a webinar titled "Employer compliance and COVID-19: Paid sick Leave, Furloughs and Layoffs."...more

Payne & Fears

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Lewitt Hackman

EEOC Provides Guidance on COVID-19 Testing in the Workplace as Employers Prepare for Lifting of Stay at Home Orders

Lewitt Hackman on

Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more

Seyfarth Shaw LLP

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

Seyfarth Shaw LLP on

Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities...more

Ballard Spahr LLP

EEOC Updates ‘Pandemic Preparedness in the Workplace’ Guidance to Address COVID-19 Updated

Ballard Spahr LLP on

This alert incorporates the guidance issued by the Equal Employment Opportunity Commission (EEOC) on March 19, 2020 in its publication on “Pandemic Preparedness in the Workplace and Americans with Disabilities Act” and...more

Pullman & Comley - Labor, Employment and...

The EEOC Issues Yet More Guidance on the ADA Accommodations and COVID-19

As the country starts discussing the possibility of businesses reopening, the EEOC has, again, updated its guidance on COVID-19 and the Americans with Disabilities Act (“ADA”.) This third installment focuses heavily on...more

Pullman & Comley - Labor, Employment and...

EEOC Issues More Guidance on ADA and the Coronavirus

The EEOC has, yet again, revised its guidance on the ADA and the Coronavirus in the workplace. In an expanded Q&A, the EEOC provides further guidance designed to protect employees’ medical information and prevent...more

Mintz - Employment Viewpoints

EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

The Equal Employment Opportunity Commission (EEOC) recently hosted a webinar in which the agency answered questions about the applicability of the Americans with Disabilities Act (ADA) and Title VII to COVID-19-related...more

Farella Braun + Martel LLP

Coronavirus and Employee Privacy Laws: What Employers Should Know

The outbreak of the novel coronavirus (COVID-19) presents challenging medical privacy issues for employers. Employers must observe their employees’ continued legal right to privacy—including under the Americans with...more

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