Law and the Workplace

Tag Archives: Guidance

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

By Evandro Gigante, Laura Fant and David Gobel on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
CoronovirusOn May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to President Biden recently signing legislation that ended the COVID-19 National Emergency. EEOC Chair Charlotte A. Burrows called this installment of “the capstone to our comprehensive … 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

NYC Commission on Human Rights Issues Guidance on Salary Disclosure Law

By Allan Bloom, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
The New York City Commission on Human Rights (NYCCHR) has released a fact sheet providing some additional details and guidance regarding the upcoming salary disclosure law. As we previously reported, the new law will make it an unlawful discriminatory practice under the New York City Human Rights Law (NYCHRL) for a covered employer or its … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
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

New York Releases Guidance and FAQs on Statewide Paid Sick Leave Law

By Evandro Gigante and Laura Fant on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State has released an informal guidance page, including frequently asked questions, regarding the newly enacted statewide paid sick leave law, which took effect on September 30, 2020. As we have previously reported, the law requires employers with New York employees to provide a certain amount of paid or unpaid sick leave to be … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

By Alex Downie, Evandro Gigante, Guy Brenner, Harris Mufson and Laura Fant on Posted in Coronavirus, Discrimination, Harassment and Retaliation
EEOC sealOn 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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Pill BottleThe 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

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

By Evandro Gigante, Guy Brenner, Laura Fant and Rachel Therese Gulotta on Posted in Coronavirus
*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since … Continue Reading

FTC Issues Another Guide on Background Checks

By Daniel Saperstein and Katharine Parker on Posted in Hiring/Background Checks
As we reported in our prior alert, in March of this year, the Federal Trade Commission (“FTC”) issued a short brochure—Background Checks: What Job Applicants and Employees Should Know—on the use of background checks in hiring and personnel decisions.  This month, the FTC issued a follow-up guide—Tips for Job Applicants and Employees—that expounds on the … Continue Reading
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