Law and the Workplace

Tag Archives: ADA

EEOC Issues Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum and Alex Downie 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

EEOC Updates Its COVID-19 Guidance (Again)

By Evandro Gigante, Guy Brenner, Harris Mufson, Laura Fant and Alex Downie 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

EEOC Updates Its COVID-19 Guidance

By Harris Mufson and Caralyn M. Olie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On June 17, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing necessary considerations for employers that have employees returning to the workplace who are at higher risk for more severe illness due to COVID-19. This update supplemented the agency’s earlier guidance regarding best practices for diagnostic testing of employees, and the … Continue Reading

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

By Nicole Eichberger, Eric Novak and Rachel Therese Gulotta on Posted in Discrimination, Harassment and Retaliation
On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit reversed a one-sentence Texas district court ruling, which dismissed with prejudice the Equal Employment Opportunity Commission’s (“EEOC”) complaint alleging violations of … Continue Reading

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

By Harris Mufson, Laura Fant and Jacob L. Hirsch on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

By Evandro Gigante, Harris Mufson and Bassam Gergi on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
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

By Steven J. Pearlman and Alex Weinstein on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences
Leave of absence formIn 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

By Nicole Eichberger and Minia Bremenstul 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

EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
EEOC sealThe 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

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
Leave of absence formThe 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

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

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

By Allan Weitzman and Amy Blackwood on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
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

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

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with Disabilities Act

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

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

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

EEOC Releases Proposed Rule on Employee Wellness Plans

By Katharine Parker, Stacy Barrow, Laura Fant and Tzvia Feiertag on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their obligations under the Americans with Disabilities Act (ADA). The ADA prohibits medical exams that are not job related and consistent with business necessity but permits … Continue Reading

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young, a UPS driver, claimed that UPS intentionally discriminated against her by refusing to accommodate her pregnancy-related lifting restriction by transferring her to a … Continue Reading

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

By Katharine Parker and Laura Fant on Posted in Accessibility & Accommodation
On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and Budget (“OMB”) for review. This is the first step toward official EEOC regulations on the subject of wellness plans. Assuming the OMB provides … Continue Reading

EEOC Wellness Program Suits Highlight Need for Agency Guidance

By Katharine Parker and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens “involuntary” and thus violate Americans with Disabilities Act (ADA), which prohibits medical exams unless they are  voluntary or  are job-related and consistent with business necessity.  (See recent blog post about this.)  Senate Republicans rightly criticized the EEOC general counsel … Continue Reading
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