Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act (“ADA”) even if they can perform the essential functions of their job without accommodation.

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act
By Tony Oncidi & Ryan McGill on
As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The EEOC stated that they will begin accepting charges of discrimination…
EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace
By Evandro Gigante, Laura Fant & Alisha Bruce on
Key Takeaways
- Individuals with a variety of hearing conditions may have disabilities covered by the ADA.
- Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to perform the essential functions of the role may be permissible.
- Employers have a duty to provide accommodations for job applicants
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EEOC Releases New Guidance on COVID-related Caregiver Discrimination
By Evandro Gigante, Laura Fant & Raymond Arroyo on
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…