Law and the Workplace

Tag Archives: disability

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

By Evandro Gigante, Laura Fant and David Gobel on Posted in Discrimination, Harassment and Retaliation
On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. The new guidance is part of a Q & … Continue Reading

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

By Evandro Gigante, Laura Fant and Alisha Bruce on Posted in Discrimination, Harassment and Retaliation
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 and … Continue Reading

EEOC Issues Additional Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum, Alex Downie and Julia Hollreiser on Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
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

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
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

New York State Issues Guidance on COVID-19 Quarantine Leave Law

By Arielle E. Kobetz, Rachel Therese Gulotta, Laura Fant, Harris Mufson and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading

New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits

By Arielle E. Kobetz, Laura Fant, Harris Mufson, Heylee Bernstein and Evandro Gigante on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** New York State has issued additional guidance on the statewide Coronavirus leave law.  More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

By Minia Bremenstul and Nicole Eichberger on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
EEOC sealThe 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

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
Man using smartphoneIn 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

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

New Ebola Orders from NY and NJ Governors Provide Additional Relief for Employers

By Katharine Parker on Posted in Workplace Policies and Procedures
Employers in New York and New Jersey who were wondering whether to require employees returning from the three West African nations of Liberia, Sierra Leone and Guinea who had direct contact with a person with Ebola to stay home from work during the 21-day Ebola incubation period now do not have to make that decision. … Continue Reading

New CDC Ebola Monitoring Protocol is Good News for Employers

By Katharine Parker on Posted in Workplace Policies and Procedures
The CDC has just announced new active post-arrival monitoring for all travelers entering the U.S. from Liberia, Sierra Leone or Guinea.  This will entail: Screening by the Centers for Disease Control (CDC) and Customs and Border Protection at the airport Providing travelers with a “CARE” kit that includes a thermometer and other guidance on how to … Continue Reading

Accessible Technology

By Katharine Parker on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
As most of our readers know, companies that are federal contractors and subcontractors are subject to new rules (which became effective on March 24, 2014) with respect to individuals with disabilities.   The new rules amended 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section 503  of the Rehabilitation Act and expanded the obligations … Continue Reading

Protecting Healthcare and Other Employees From Ebola

By Herschel Goldfield, Katharine Parker and Richard Zall on Posted in Workplace Policies and Procedures
News that a  U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for workers who might be exposed to Ebola.  I asked my health care law colleagues Herschel Goldfield, Senior Counsel in Proskauer’s … Continue Reading

EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs

By Katharine Parker and Kelly Anne Targett on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with Disabilities Act (ADA).  In both of the pending cases, employers are alleged to have maintained wellness programs that required employees to submit to medical examinations (including blood work) and to disclose medical history … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
The Attorney General recently announced that the deadline for providing public comment on the aforementioned NPRM regarding captioning and audio description in movie theaters has been extended for an additional sixty days from September 30, 2014 to December 1, 2014.  The extension was granted based upon a public request citing the number and complexity of … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
Starting today, August 1, 2014, and until September 30, 2014, DOJ is seeking public comment on a number of issues related to the aforementioned NPRM regarding captioning and audio description in movies theaters.  This includes the issue mentioned above regarding whether closed captioning and audio description requirements should also apply to theaters showing movies in … Continue Reading

It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
On July 25, 2014, the U.S. Department of Justice (“DOJ”) announced the impending publication of a Notice of Proposed Rulemaking (“NPRM”) covering closed captioning and audio description requirements for movie theaters.  This NPRM seeks to create a consistent nationwide standard for theaters to exhibit movies that are available with closed captioning and audio description at … Continue Reading

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered “Disabled” Under State Human Rights Law

By Katharine Parker and Rachel Fischer on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not take effect until 18 months after it is signed into law, giving employers time to consider the … Continue Reading

eBay and National Federation of the Blind Pair Up for Web Accessibility Initiative

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
Online marketplace eBay and the National Federation of the Blind (NFB) recently announced a partnership aimed to enhance the accessibility of eBay’s website and mobile applications.  This “Web 2.0 Sustainable Accessibility Partnership Agreement” aims to provide individuals with visual impairments increased access to the goods and services available on eBay by optimizing the use of … Continue Reading

California District Court Holds Redbox Not Required to Offer Captioning On Its Website, Affirming Ninth Circuit Position that Entities that Purely Exist in Cyber-Space Are Not Places of Public Accommodation Under the ADA

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
Yet another district court in the Ninth Circuit has affirmed the position that websites with no nexus to traditional brick and mortar places of public accommodation are not in and of themselves places of public accommodation under Title III of the Americans with Disabilities Act (ADA), while also underscoring that Title III does not require … Continue Reading

The Wait Continues for the Release of the DOJ Website Accessibility Regulations

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
For those eagerly anticipating word from the U.S. Department of Justice (DOJ) on the proposed regulations governing website accessibility requirements and technical standards for the websites of both places of public accommodation and state and local governments, the wait continues.  According to a recently released Unified Agenda, the proposed public accommodation website regulations, which were … Continue Reading

EEOC Publishes Advisory Letter On Use of Forms In the ADA Interactive Process

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Employers seeking to adopt standardized forms relating to the ADA’s interactive process need to familiarize themselves with a recently published EEOC advisory letter commenting on a sample policy, request for accommodation questionnaire, and health care provider questionnaire. While the advisory letter does not provide the exact policy and forms in question, the materials did provide … Continue Reading

Recent SDNY Rulings Provide Insight into the Value of Voluntary Title III Settlement Agreements with Governmental Agencies Against Future Claims

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
When considering whether to enter into a voluntary settlement agreement with a governmental agency regarding the accessibility a place of public accommodation, clients often ask how much protection is gained against potential future claims brought against the same location by other parties.  A recent series of rulings in a litigation brought under Title III of … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK