Law and the Workplace

Category Archives: Accessibility & Accommodation

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Florida Expands Ban on Vaccination, Testing and Masking Mandates

On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and patrons to provide documentation of COVID-19 vaccination status. Under the amended law, businesses in Florida will be prohibited from discriminating in any … Continue Reading

Employers Face New Accommodation Requirements For Nursing Mothers

In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”).  As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and the … Continue Reading

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas relating to COVID-19 and the workplace, including when employees can be required to undergo COVID-19 testing, reasonable accommodations, and parameters around mandatory vaccination programs. … Continue Reading

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 the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

Louisiana Enacts Workplace Protections for Employees Disabled Due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring

Louisiana employers should be aware of two new laws which went into effect on August 1, 2021.  The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain pregnancy-related medical conditions.  It amends Louisiana Revised Statutes §§ 23:341 and 23:342 and enacts § 23:341.1, which apply to employers who … Continue Reading

EEOC Issues Additional Guidance on COVID-19 Vaccines

On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic. … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use.  Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations.  As such, many employers have been grappling … Continue Reading

EEOC Releases Guidance on Employee Opioid Use and the ADA

Pill BottleThe Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also released a companion document for health care providers on helping patients who have used opioids to remain employed. The guidance defines “opioids” to include … Continue Reading

EEOC Updates Its COVID-19 Guidance

On June 17, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing necessary considerations for employers that have employees returning to the workplace who are at higher risk for more severe illness due to COVID-19. This update supplemented the agency’s earlier guidance regarding best practices for diagnostic testing of employees, and the … Continue Reading

CDC Releases Guidance for Employers Regarding the Coronavirus

CDC LogoAs the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces. As we previously addressed in detail in our prior blog on Coronavirus and the Workplace, employers may face a number of issues related to the Coronavirus … Continue Reading

[Podcast]: How Employers Can Deal with the Coronavirus

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the coronavirus and what employers should be thinking about regarding that virus in the workplace. While the Occupational Safety and Health Administration has stated that most American workers are not at significant risk of infection at this time, it’s never too early for employers to … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

Coronovirus*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

New York City Extends Human Rights Law Protections and Training Requirements to Freelancers and Independent Contractors

NYC Commission on Human RightsEffective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors.  Significantly, this includes the requirement that certain contractors now complete annual sexual harassment prevention training in the same manner as covered employees.  Contractors also are now eligible for reasonable … Continue Reading

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk of a potential impairment. In each case, an employer either declined to hire an applicant or terminated an employee … Continue Reading

NYC Council Passes Bills Expanding Lactation Room Requirements for Employers

UPDATE: The new laws have been enacted and will take effect on March 17, 2019. The New York City Council recently passed two bills that would amend the NYC Human Rights Law to expand the requirements of employers with four or more employees to provide lactation space for breastfeeding employees.  The bills have been sent … Continue Reading

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

Supervisor and colleague discussionNew York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes effect on October 15, 2018. As we have previously reported, while the New York City Human Rights Law (NYCHRL) has long required that … Continue Reading

Proposed Rules Issued for New Jersey Paid Sick Leave Act

The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will be subject to a 60-day public comment period. As we have previously reported, the Act will require employers … Continue Reading

Illinois Expands Workplace Protections for Breastfeeding Employees

Governor Bruce Rauner has signed into law a bill that expands protections for employees needing to express breast milk in the workplace.  The law amends the preexisting Nursing Mothers in the Workplace Act (the “Act”) in several significant ways—most notably that break time provided for the expression of milk “may not reduce an employee’s compensation” … Continue Reading

[Podcast]: New York City Temporary Schedule Change Law

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law effectively requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for … Continue Reading

Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law

Clock and calendarAs we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes.  Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading

Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?

As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

UPDATE: NYC Council Passes Bill Requiring Accommodation of Temporary Schedule Changes for Certain Medical and Family Care Purposes

Clock and calendarThe New York City Council has passed a bill that will require employers to grant requests for temporary work schedule changes when needed for certain medical and family care purposes.  UPDATE: The bill became law on January 19, 2018 after Mayor Bill de Blasio neither signed nor vetoed it.  It takes effect on July 18, … Continue Reading
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