News & Analysis as of

Employer Responsibilities › Americans with Disabilities Act (ADA) › Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

Constangy, Brooks, Smith & Prophete, LLP on

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Constangy, Brooks, Smith & Prophete, LLP on

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

Farella Braun + Martel LLP on

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Woods Rogers

EEOC Update: New Workplace Discrimination Poster

Woods Rogers on

Out with the old, in with the new! On October 19, 2022, the Equal Employment Opportunity Commission (EEOC) updated its workplace poster and dubbed it the “Know Your Rights: Workplace Discrimination is Illegal” poster. The new...more

Bradley Arant Boult Cummings LLP

Another Type of COVID Long Haul—Future Discrimination Suits?

Bradley Arant Boult Cummings LLP on

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

Perkins Coie

COVID-19 and Discrimination: Takeaways for Employers Regarding the EEOC’s Updated Guidance

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for...more

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