Tag Archives: disability
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
New York State Issues Guidance on COVID-19 Quarantine Leave Law
***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
*** 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
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
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
New Ebola Orders from NY and NJ Governors Provide Additional Relief for Employers
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
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
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
EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs
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
Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description
It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description
New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered “Disabled” Under State Human Rights Law
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
