Law and the Workplace

Tag Archives: DOJ

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

By Joseph O’Keefe, Edward Young and Dixie Morrison on Posted in Hiring/Background Checks
artificial intelligenceEmployers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here. On May 12, 2022, … Continue Reading

DOJ Memo: The Food, Drug, and Cosmetic Act Does Not Prohibit Entities from Requiring Vaccines Subject to an EUA

By Evandro Gigante and Alex Downie on Posted in Coronavirus
In a memo dated July 6, 2021, the DOJ’s Office of Legal Counsel concluded that the COVID-19 vaccines’ status as products authorized for emergency use does not prohibit public and private entities from requiring them as a condition of employment, education, or receipt of services. This memo comes on the heels of a recent decision … Continue Reading

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

By Colin Kass, Lloyd B. Chinn, Laura Fant and Myra Din on Posted in Hiring/Background Checks, Non-Competes and Protection of Corporate Assets
On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration.  The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between … Continue Reading

DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018

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

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

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

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the Americans with Disabilities Act. According to the recently released Spring 2015 Unified Agenda, the proposed regulations, which had last been slated … Continue Reading
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