Tag: ADA

New Year’s Resolutions Every Employer Should Make

As the new calendar year begins, many organizations are wisely asking, “What can we do to protect our business assets from an employment law perspective?” This is a great question, and the beginning of the year is the perfect time to take stock of existing policies and their effectiveness, review recent changes to applicable laws, […]

New DOL Guidance Address Mental Health Leave Under FMLA

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]

Software, Algorithms, and AI: New EEOC Guidance for Employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]

EEOC Warns of Higher Risk of Caregiver Discrimination in Changing World, Workplace

The COVID-19 pandemic placed a spotlight on the challenge of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic evolves to become endemic, it may still have a lingering effect on the lives of workers who need to juggle hybrid school schedules […]

ADA Doesn’t Protect Train Engineer From Turning Over Medical Records

The Americans with Disabilities Act (ADA) limits an employer’s right to require a current employee to provide information about his medical conditions. Only in situations where the need to obtain such health information is necessary to determine whether the employee can perform the job functions and do so in a safe manner is the medical […]

EEOC Announces Settlement with Winston-Salem Company

When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a […]

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

‘Long COVID’ and the Workplace: What a Long, Strange Trip It’s Been

Since the COVID-19 pandemic began, many people have caught (or know others who have contracted) the virus. Most who recover from the infection do so within a couple weeks or shortly thereafter. For some, however, the symptoms have persisted for months after contracting the illness. The condition has become so common it’s now dubbed as […]