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The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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 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
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
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
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
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