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Fourth Circuit: ADA Does Not Require Employers Create Job-Sharing Positions As A Disability Accommodation (US)

Squire Patton Boggs Summer Associate Sydney Finley summarizes a recent opinion from the United States Court of Appeals for the Fourth Circuit addressing an employers’ obligation to provide job-sharing as a reasonable accommodation under the Americans with Disabilities Act. The United States Court of Appeals for the Fourth Circuit—which covers Maryland, North Carolina, South Carolina, … Continue Reading

US Federal Labor Viewpoints – Week of May 31, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Not Vaccinated Yet? How About $100 For A Shot? Updated EEOC Guidance Confirms Employers Can Offer Employees Vaccination Incentives (US)

On May 28, 2021, the US Equal Employment Opportunity Commission (EEOC) updated its ongoing guidance on COVID-19 issues in the workplace to cover additional topics relating to vaccination of employees. This updated guidance addresses a number of questions that have been arising now that a majority of the adult US population has been fully vaccinated … Continue Reading

CDC Says Fully Vaccinated People Can Stop Wearing Masks, But What Does This Mean For Employers? (US)

On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced that fully vaccinated individuals no longer need to wear a mask or practice social distancing in any setting. Specifically, fully vaccinated people can now: Resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, … Continue Reading

Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine (US)

As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace.  However, … Continue Reading

New EEOC Proposed Wellness Plans Regulations – Trouble for Participatory Wellness Plans (US)

The Equal Employment Opportunity Commission (“EEOC”) recently proposed regulations pertaining to employer wellness programs that, as will be explained below, may concern employers that have “Participatory” wellness plans. The proposal can be found at https://www.eeoc.gov/regulations/rulemaking.[1] Current Wellness Plan Rules under Other Laws To understand the EEOC’s proposal, one must first take note of the other … Continue Reading

EEOC Announces Intent to Provide Official Agency Interpretations of Federal Employment Discrimination Laws In Response to Public Requests (US)

Except for a brief hiatus between 2010 and 2017 (see here), the U.S. Department of Labor (DOL) has for decades issued formal opinion letters in response to requests from employers, employees, and others for the DOL’s official interpretation of novel or complex issues relating to the application of the minimum wage and overtime compensation provisions … Continue Reading

Court OKs EEOC’s Lawsuit Against Employer Notwithstanding Lengthy Delay (US)  

It’s a not-so-uncommon scenario for employers. An employer terminates an employee. The employee files a charge with the U.S. Equal Employment Opportunity Commission (EEOC) alleging her termination was the motivated by unlawful discrimination. The EEOC asks the employer to provide a comprehensive response to the charge, supplemented with voluminous documents requested by the agency in … Continue Reading

An Update Concerning Employer Mandatory Vaccination Policies – COVID-19 (US)

With news reports emerging this week that two companies each have developed a COVID-19 vaccine that is more than 90% effective and carries few side effects, and that mass immunizations may begin as early as December 2020, when more than 20 million doses of the vaccines are predicted to be available, employers will soon confront … Continue Reading

A Guide for Employers Considering A Mandatory Flu Vaccination Policy (US)

As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading

EEOC Provides Welcome COVID-19-Related Guidance To Employers As Employees Return To The Workplace (US)

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance concerning COVID-19 and the workplace. The update provides much-needed answers to questions that have been troubling employers struggling to adapt to circumstances presented by the still-ongoing public health emergency. Can we test employees for COVID-19 prior to allowing them back in … Continue Reading

EEOC Issues Guidance Clarifying When Opioid Users are Protected From Disability Discrimination Under the ADA (US)

Opioid abuse is widespread in America and the opioid epidemic impacts people from all walks of life, which presents unique challenges for employers who want to limit the potentially adverse effects opioid use may have on their employees and their workplaces. Given the severity of the crisis, it is tempting for employers to want to … Continue Reading

Sixth Circuit Reverses Ohio Federal Court: Genetic Mutation Affecting Normal Cell Growth May Qualify as a Disability under the ADA (US)

In a previous blog, we discussed Darby v. Childvine, a decision from the United States District Court for the Southern District of Ohio in which the court considered whether an otherwise healthy person with a genetic mutation meets the definition of disabled under the federal Americans with Disabilities Act (“ADA”).  As a reminder, the ADA … Continue Reading

OSHA Updates Guidance On COVID-19-Related Workplace Safety (US)

As businesses continue to reopen and more workers return to the workplace despite significant increases in infection rates in some parts of the country, many questions have surfaced about employers’ obligations to provide employees with a safe workplace. The Occupational Safety and Health Administration (OSHA) recently updated its informal COVID-19-related guidance to address a number … Continue Reading

COVID-19 Temperature Testing? Yes. Viral Testing? Yes. Antibody Testing? No! (US)

Employers undertaking the reopening process following COVID-19-related shutdown orders are grappling with what measures they can implement to reduce the potential for transmission of the SARS-CoV-2 virus in their workplace. In addition to requiring face masks, mandating physical distancing, and encouraging regular handwashing, some employers also are requiring employees to submit to medical testing as … Continue Reading

Third Circuit Clarifies That A Disability Must Be Both “Transitory and Minor” To Qualify Under The Exception To The “Regarded-As” Prong of The ADA (US)

With the Americans with Disabilities Act (ADA) now 30 years old, most people, and certainly all HR professionals and employment lawyers, know that it is unlawful to discriminate against employees (and applicants) on the basis of a physical or mental disability. What is less widely known, however, is that the ADA not only prohibits discrimination … Continue Reading

“I Am Not Wearing That!” – What Can An Employer Do When An Employee Refuses To Comply With COVID-19 Workplace Requirements? (US)

With the reopening process well underway in all 50 states, employers are implementing a variety of plans, policies, and protocols to minimize the potential for employee transmission of the coronavirus in the workplace. These plans – discussed in our Employer’s Guide to Return-to-Work Issues – include making physical changes to the workplace, rearranging employee schedules, … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

EEOC Provides Updated Guidance on Return-to-Work Issues Addressing Accommodations For Employees With COVID-19 Vulnerabilities (US)

Update (5/7/20):  On May 7, 2020, the EEOC re-issued guidance concerning what actions an employer may take if it knows that an employee has a medical condition placing him/her at a higher risk for severe illness if he/she gets COVID-19, and thus is concerned about the employee’s return to the workplace, but the employee has not … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading

Employer’s After-the-Fact Discovery of Lack of Job Qualification Sinks Employee’s ADA Discrimination Claim (US)

Sunny Anthony worked for TRAX International as a technical writer.  During the course of her employment, she asked TRAX to accommodate her disabilities–post-traumatic stress disorder and related anxiety and depression—by letting her work from home, which TRAX denied or otherwise declined to allow.[1]   So Ms. Anthony sued TRAX, alleging that it violated the Americans with … Continue Reading

EEOC Offers Employers Post-COVID-19 Return-to-Work Pointers (US)

Since early in the pandemic, the EEOC has been maintaining a Technical Assistance Questions and Answers page, which it updates from time to time. As employers’ attention turns to life after COVID-19 and planning for our return to the workplace, on April 17, the EEOC updated its COVID-19 pandemic informal guidance to address the challenges … Continue Reading

EEOC Reminds Employers: Antidiscrimination Laws Continue to Apply During the COVID-19 Pandemic (US)

The United States currently is experiencing an unprecedented public health emergency due to the COVID-19 virus.  The economic fallout of this crisis has been sudden and brutal on US employers, with vast numbers of businesses ordered to close and nearly 1 million new unemployment claims filed in the past two weeks alone.  In response, Congress … Continue Reading

Sixth Circuit Issues ADA Work-from-Home Decision, Right Before We All Start Working from Home (US)

Our colleague Justin DiCharia at Squire Patton Boggs’  Sixth Circuit Appellate Blog recently discussed the Sixth Circuit’s decision in a case involving an employee’s request to work from home as a disability accommodation under the Americans with Disabilities Act.  As Justin notes below, this decision came prior to the recent COVID-19 pandemic and the massive … Continue Reading
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