Popular, Americans with Disabilities Act (ADA), Corporate Counsel

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Complying With the ADA When Managing Employees With Alcoholism

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2025

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Restricting Remote Work Interfered With Employee's FMLA Rights

Parker Poe Adams & Bernstein LLP on 9/20/2024

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on 8/4/2022

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on 6/1/2022

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Shaw LLP on 9/30/2021

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

FFCRA Leave Entitlement Expires December 31st, but Tax Credits Remain Through March 31, 2021

Cranfill Sumner LLP on 12/31/2020

The federal Families First Coronavirus Response Act (FFCRA) went into effect on April 1, 2020. It requires employers with fewer than 500 employees to provide protected, paid sick leave for employees who miss work for certain...more

COVID-19 Vaccine - Frequently Asked Questions

Troutman Pepper Locke on 12/16/2020

Why It Matters - Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too....more

ADA Implications: I Don’t Want To Wear A Mask….

Amundsen Davis LLC on 5/11/2020

During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees. Initially, the issue was what to do if an employee requested a face mask...more

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

Parker Poe Adams & Bernstein LLP on 3/11/2020

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

2019 Was Another Record-Breaking Year for Federal ADA Title III Lawsuits

Seyfarth Shaw LLP on 2/21/2020

Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record. Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

Seyfarth Shaw LLP on 4/13/2018

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

Fox Rothschild LLP on 2/1/2018

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

Baker Donelson on 10/17/2017

In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

Employment Law This Week®: Extended Leave Not Covered Under ADA, Wellness Program Regulations, Proposed Cybersecurity Regulations,...

Epstein Becker & Green on 10/9/2017

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Lawsuits Are Focused on Wellness Program Compliance. Are You?

Alston & Bird on 9/14/2017

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

EEOC Must Reconsider its Wellness Regulations

Littler on 8/24/2017

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Littler on 8/17/2017

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Federal Court Dismisses Employer’s Claims For Indemnification And Contribution Against Drug Testing Vendor After False Positive...

Jackson Lewis P.C. on 8/17/2017

A federal court in South Dakota granted a motion to strike and a motion to dismiss filed by the Equal Employment Opportunity Commission (“EEOC”) and the laboratory that conducted drug tests for the Defendant employer, holding...more

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