News & Analysis as of

Reasonable Accommodation Disability Discrimination New Guidance

Miles & Stockbridge P.C.

EEOC Releases New Pregnant Worker Fairness Act Guidance for Health Care Providers

The Equal Employment Opportunity Commission (EEOC) recently issued guidance to assist health care providers in addressing their patients’ needs for accommodation under the Pregnant Workers Fairness Act (PWFA)....more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

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Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Venable LLP

EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

Venable LLP on

The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Proskauer - Law and the Workplace

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more

Littler

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

Littler on

On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Proskauer - Law and the Workplace

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more

Fisher Phillips

7 Key Takeaways for Employers as EEOC Says COVID-19 Is “Sometimes” a Disability Under The ADA

Fisher Phillips on

As we predicted would happen in our Insight in July, the Equal Employment Opportunity Commission just released guidance to clarify under what circumstances COVID-19 may be considered a disability under the ADA and the...more

Bodman

Updated Guidance from EEOC States Workers with COVID-19 May Be Protected Under ADA

Bodman on

Depending on each worker’s circumstances, the virus can cause impairments that meet one of the ADA’s three definitions for a “disability,” which cover actual, physical, or mental impairments that substantially limit a major...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

Fisher Phillips

In it for the Long Haul? White House Seeks to Provide ADA Coverage to Those With “Long COVID”

Fisher Phillips on

While employers are excited to see many of their employees return to work following prolonged absences due to the pandemic, one unfortunate consequence is that disability discrimination and failure-to-accommodate claims are...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

ArentFox Schiff

The EEOC Issues Expanded COVID-19 Technical Assistance

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission expanded its technical assistance to address COVID-19 vaccinations. Here are some of the highlights. The new guidance reiterates that the federal anti-discrimination...more

Goodwin

EEOC Releases Updated COVID-19 Vaccine Guidance for Employers

Goodwin on

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated and expanded on its guidance about how federal equal employment opportunity laws (“EEO laws”) may apply to potential employer requirements that...more

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

California Discrimination Agency Updates FAQs to Include Vaccinations

On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) updated its “DFEH Employment Information on COVID-19” to include answers to some of the frequently asked questions (FAQs) about vaccinations. ...more

Harris Beach Murtha PLLC

Guidance Emerges for Health Care Providers Requiring COVID-19 Vaccinations

Harris Beach Murtha PLLC on

Now that COVID-19 vaccinations are rolling out across New York state and beyond, can health care providers require employees to receive the vaccine - especially when this layer of protection may enhance their capability to...more

Bowditch & Dewey

EEOC Releases New Guidance Regarding COVID-19 Vaccinations For Employees

Bowditch & Dewey on

The U.S. Equal Opportunity has recently issued updated guidance addressing COVID-19 vaccinations in the workplace. Employers should review this guidance as COVID-19 vaccinations continue to roll out across the country. Here...more

ArentFox Schiff

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Franczek P.C.

EEOC Updates COVID-19 Technical Guidance with Added Resources

Franczek P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional...more

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