Workers who contract COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA), according to new Equal Employment Opportunity Commission (EEOC) guidance, issued on December 14, 2021. Depending on each worker’s circumstances, the virus can cause afflictions that meet one of the ADA’s three definitions for a “disability,” which cover (1) actual, […]
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 […]
Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths […]
There’s no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the individual’s limitations and essential job functions. Some accommodations, however, have been declared “unreasonable.” 3 Unreasonable ADA Accommodations 1. It isn’t reasonable to eliminate job’s essential functions. An […]
Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on. The ‘T’ Got […]
Retaliation claims are the most frequently alleged basis for violations of Title VII of the Civil Rights Act of 1964 and the most common finding of wrongdoing, according to the Equal Employment Opportunity Commission (EEOC). Often, the underlying discrimination allegations will be dismissed, but a court will determine retaliation occurred.
The list of employers and government agencies requiring employees to be vaccinated against COVID-19 is growing, and such requirements are generally legal under federal law. But employers need to be clear about when exceptions must be made and how state laws can add a wrinkle to their vaccination policies.
Updated technical assistance from the Equal Employment Opportunity Commission (EEOC) clarifies how employers can require or encourage employees to take a COVID-19 vaccine, but attorneys advising employers point out how the document also contains cautions. The EEOC updated its technical assistance on May 28 to address questions about how federal equal employment opportunity (EEO) laws may be […]
As the vaccine rollout continues across the United States, employers are figuring out their employees’ needs. Some employers have opted to offer incentives for employees to get vaccinated, noting that having a vaccinated workforce can help reduce risks of COVID spread and absences as a result. Others have taken a hands-off approach and are allowing […]
Last month, the Equal Employment Opportunity Commission (EEOC) published a new rule affecting its own processes for dealing with employers under investigation. The conciliation process, which is statutorily mandated, occurs after the agency has determined reasonable cause exists to believe an employer has violated an employment statute and is the means by which it attempts […]