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Accommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must (US)

Court explains that “feasible” isn’t always “reasonable.” It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions … Continue Reading

Entitled or Disabled? A Timely Look at Timeliness (US)

Did you see the latest viral TikTok, in which the TikToker complains that she was disrespected by a potential employer during an interview when she inquired about available accommodations for “time blindness” – a term apparently intended to describe her difficulty being on time? As of the writing of this blog, nearly 27,000 comments have … Continue Reading

Eleventh Circuit Says No ADA Failure to Accommodate Claim Without an Adverse Employment Action (US)

Squire Patton Boggs Summer Associate Tess Chaffee summarizes a recent opinion from the United States Court of Appeals for the Eleventh Circuit holding that an adverse employment action is required for a failure to accommodate claim under the Americans with Disabilities Act. Most employers are familiar with the Americans with Disabilities Act (“ADA”), which prohibits … Continue Reading

Impressing a Robot: EEOC Takes a Byte Out of AI Based Hiring (US)

Squire Patton Boggs Intern Ruzanna Mirzoyan discusses the EEOC’s focus on artificial employment tools in employment recruitment and hiring decisions. Job applicants might be surprised to learn that their resume may need to impress an artificial intelligence (“AI”) algorithm before they can score an interview. A significant (and growing) number of employers currently use AI … Continue Reading

Did you hear? The EEOC issues new guidance on auditory disabilities in the workplace. (US)

Hearing impairment probably isn’t the first thing that comes to mind when you think about workplace discrimination. In fact, it’s probably not even in the top ten. With hearing impairment affecting about 15% of adults, however, this is a topic that has recently moved its way up the EEOC’s priority list.… Continue Reading

Employment Law in the Metaverse (US)

The metaverse is poised to reshape the way we live and work. Employment law in real life is vexing enough, with US employers required to navigate the complex federal, state and local laws and regulations that impact the employment relationship. Now some employers and businesses are making the leap into the virtual world, where employment … Continue Reading

EEOC Issues Guidance on the Interplay between the Use of Artificial Intelligence in Employment Decisions and the ADA (US)

Many businesses use artificial intelligence (“AI”), algorithms, software, and other forms of technology to make employment-related decisions. Employers now have an array of computer-based tools at their disposal to assist them in hiring employees, monitoring job performance, determining pay or promotions, and establishing the terms and conditions of employment. As such, many employers rely on … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

EEOC Opines Long-Haul COVID-19 Consequences May Constitute ADA Disability (US)

This past summer, we reported that President Biden expressed in a speech commemorating the enactment of the Americans with Disabilities Act (ADA) that his administration believes “long-haul” COVID may constitute a disability. Unlike mild cases of COVID-19 that resolve in days or weeks, long-haul COVID is marked by chronic symptoms that continue weeks or months … Continue Reading

EEOC Updates Guidance on COVID-19 Vaccination Incentive Programs (US)

Since the start of the pandemic, the EEOC has periodically updated its informal guidance to address emerging topics related to COVID-19, include regarding vaccination, which is top of mind for many U.S. employers. This week, the EEOC updated its informal guidance to address questions regarding COVID-19 vaccination and vaccination incentive programs. Takeaways from the updates … Continue Reading

US Federal Labor Viewpoints – Week of July 26, 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 July 26, 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

Biden Administration Suggests Long-Haul COVID Illness May Constitute A Disability Under ADA (US)

On July 26, the 31st anniversary of the passage of the Americans with Disabilities Act (ADA), President Biden announced in a Rose Garden briefing that persons experiencing long-term COVID-19 symptoms may qualify as persons with disabilities under the Americans with Disabilities Act (“ADA”) and other federal statutes that protect persons with disabilities, such as Section … Continue Reading

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. [1] Current Wellness Plan Rules under Other Laws To understand the EEOC’s proposal, one must first take note of the other pre-existing wellness plan rules. In general, … 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
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