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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

Post-lockdown flexible working, Part 3 — the big questions (UK)

If we are right to think that the unravelling of lockdown will be accompanied by a sharp increase in the number of employees requesting to work from home, then many employers will shortly start to face some serious posers in relation to the flexible working scheme. These are not new questions, but will be thrown into … Continue Reading

EEOC Updates COVID-19 Guidance With Answers To More Return-To-Work Questions (US)

Throughout the current public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has been providing regular updates to its guidance on COVID-19 and compliance with the Americans with Disabilities Act (ADA) and other federal employment statutes (see our prior posts here). On June 11, 2020, the EEOC provided answers to approximately 10 new questions, … Continue Reading

Post-lockdown flexible working, Part 2 – making it official (UK)

By now, many employees working from home in the lockdown will have made quite firm decisions around how they wish to operate going forward.  Some will have decided that there is nothing in their lives quite like their family and, for that reason, that they wish to extend their WFH indefinitely.  Others, on probably very … 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

Dealing with health and safety fears of returning to the workplace (UK)

So now that the slow movement back to workplaces has started, the next hot question will be this: “If I don’t want to go back in because I fear infection if I do, can my employer make me?” The short and absolutely definitively answer to this is no.  And yes. It cannot compel you to … 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

Top 10 Employee Benefits Issues in a Slowing Economy (US)

The changes in the economy brought on by coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” present challenges to employers trying to manage their greatest resource – employees. A cross-practice team involving our Tax Strategy & Benefits, Labor & Employment and Data Privacy & Security lawyers have published this alert that identifies some of … Continue Reading

WEBINAR 16 March 2020: Addressing Coronavirus Practically and Legally: What US Employers Need to Know

The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US.  Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading

Coronavirus Disease 2019 (COVID-19) – Legal Issues in the US

Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways.  With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus.  Although every business faces unique considerations, a cross-disciplinary team of … Continue Reading

Fifth Circuit: Obese Employee Not Disabled Under the ADA (US)

As discussed in our prior posts on obesity and disability law, there is continuing disagreement in the courts concerning whether obesity alone constitutes a disability, or whether obesity must result from a physical disease or condition in order to be a disability.  On February 27, 2020, the U.S. Court of Appeals for the Fifth Circuit … Continue Reading

Inability To Perform A Specific Job Is Not A Substantial Impairment On Ability To Work, Says Second Circuit In ADA Case (US)

In Woolf v. Strada, decided by the U.S. Court of Appeals for the Second Circuit in February 2020, the court considered whether the plaintiff’s inability to perform his particular job as a result of migraines and stress arising from the circumstances surrounding his job gave rise to a qualifying disability under the Americans with Disabilities … Continue Reading

Update: Obesity as a Disability in the Ninth Circuit (US)

As we previously reported here, the U.S. Court of Appeals for the Ninth Circuit and the Washington Supreme Court have been wrestling with whether obesity qualifies as a disability under the Washington Law Against Discrimination (“WLAD”). The dispute involves an applicant for a position with a railway company who sued in 2010, alleging that the … Continue Reading

SPB In-Depth:  Service Animals as Reasonable Workplace Disability Accommodations (US)

Many individuals with disabilities use service animals to help them fully engage in everyday life.  Animals, particularly dogs, can be trained to perform a wide range of tasks to help people with disabilities, and the number of tasks these specially trained animals can perform continues to grow. As a result, more applicants and employees are … Continue Reading
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