“HMRC boss sending worker unwanted birthday card was harassment“, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a chair. Needless to say, there is somewhat more to the story than that, so those … Continue Reading
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
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
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
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
It certainly wasn’t the main talking point in Westminster in the middle of the country’s own meteorological hot flush earlier this month but on 19 July the government published its Response to Menopause and the workplace: how to enable fulfilling working lives, an independent report commissioned by the then Minister for Employment and published in … Continue Reading
Squire Patton Boggs Summer Associate Clara Davis discusses the U.S. Supreme Court’s recent decision interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA). On June 29, 2022, the United States Supreme Court ruled that state sovereign immunity does not bar state employers from lawsuits under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). … Continue Reading
So you’ve seen the news stories about the chap suing Sainsburys for not letting him in with his “assistance cat”, yes? He suffers from severe autism and unless accompanied by his cat, finds the noise, lights and crowds within the store impossible to manage. You would allow in a guide dog, he says, so what’s … Continue Reading
So following our recent post on proposed new regulations it’s not just the EU which is looking askance at the potential risks of artificial intelligence in recruitment. From across the pond comes news that the US Department of Justice has warned employers to take steps to ensure that the use of AI in recruitment does … Continue Reading
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
The idea of a universal four-day working week – with the reduction in working time intended to bolster productivity and wellbeing – is not new. In 1956 Richard Nixon argued (perhaps a little prematurely) that “the four-day work week is inevitable”; from 2007-2011 Republican politicians in Utah redefined the week for State employees as from … Continue Reading
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
Here is another good question from our What Next webinar a couple of weeks ago. More to follow soon. If someone whose role involves International travel has a medical condition which makes that travel undesirable in a post-pandemic World, would the capability dismissal process be applicable? Probably so, but we need to look at the … Continue Reading
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
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
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
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
Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading
Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading
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 March 29. *** 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
Arizona employers are now expressly prohibited by state law from discriminating against employees on the basis of pregnancy or childbirth. On January 28, 2021, the Arizona Legislature passed, and on Thursday, February 4, 2021, Arizona Governor Doug Ducey signed into law, HB 2045, which amends the state civil rights statute to clarify that existing statutory … Continue Reading
Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment … Continue Reading
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
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
