Tag Archives: ADA
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
Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia
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 Updates Its COVID-19 Guidance (Again)
On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading
EEOC Releases Guidance on Employee Opioid Use and the ADA
The 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
U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date
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
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
7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA
In a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to provide an employee with a long-term medical leave of absence. Indeed, the court found that “a long-term leave of absence … Continue Reading
Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment
In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into … Continue Reading
EEOC Issues Publication on Rights of Applicants and Employees with Mental Health Conditions Under the Americans with Disabilities Act
The EEOC has issued a new publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights” aimed at informing applicants and employees with mental health conditions of their employment rights under the Americans with Disabilities Act (“ADA”). The publication presents a series of questions and answers regarding applicants’ and employees’ … Continue Reading
EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA
The Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act (“GINA”). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and will … Continue Reading
EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA
The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear that employers must not only provide employees with disabilities access to leave as an accommodation on the same basis as similarly situated … Continue Reading
California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA
In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing to make its website accessible to a blind customer. This summary judgment decision is noteworthy because in addition to holding that … Continue Reading
Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under the ADA
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act (“ADA”), even following the 2008 amendments to the ADA that broadened the definition of what is considered a protected disability. … Continue Reading
Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does. The decision is a good reminder that the Rehabilitation Act has a broader reach … Continue Reading
DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018
Businesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA) were once again disappointed when the DOJ recently announced that it is pushing back the release of its proposed regulations until fiscal year 2018. As … Continue Reading
U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with Disabilities Act
Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment of technical bulletins recently released by the U.S. Access Board, the federal agency tasked with developing accessible design criteria for individuals with disabilities. The … Continue Reading
The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead
This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to fight discrimination against individuals with disabilities in many aspects of everyday life, including in the workplace and in … Continue Reading
DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act
With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA. This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical … Continue Reading
