Employment Law Blog

WEBINAR - Scary Stories from the HR Department, Volume VI: Who Killed Non-Competes?

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Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers

After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >

EEOC Updates Caregiver Guidance for Employers

Though we are now two years into the pandemic, the Equal Employment Opportunity Commission (EEOC) is still not finished issuing COVID-related guidance for employers. The Commission’s latest statement involves issues of bias regarding employees with caregiver responsibilities, especially such responsibilities relating to or resulting from the pandemic. Employers should be aware of how caregiver bias may manifest itself and how to avoid illegal discrimination per new EEOC guidance. More >

EEOC Updates Guidance on COVID-19 and ADA

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has issued updates providing guidance for employers in response to new developments and information. This week, the EEOC has issued a new technical assistance update, clarifying the circumstances under which the Americans with Disabilities Act (ADA) and Rehabilitation Act may be applied to COVID-19. More >

Employers, Take Note: EEOC Releases COVID-19 Vaccine Guidance

Throughout the course of 2020, employers have had to stay abreast of a myriad of COVID-19 regulations in the workplace. This includes understanding the ways that CDC guidelines, local and federal regulations, and public health recommendations intersect with the Americans with Disabilities Act (‘ADA’), Title VII of the Civil Rights Act, the Genetic Information Nondiscrimination Act (‘GINA’), and more. In addition to the existing recommendations, the EEOC has released guidance for employers to stay compliant when managing the distribution of the newly approved coronavirus vaccines in the workplace. More >

UPDATED - EEOC Releases Guidance on ADA Issues and COVID-19 for Employers

In April 2020, the EEOC began publishing guidance for employers on how to comply with ADA and other anti-discrimination laws and regulations in the face of COVID-19.   More >

EEOC: Opioid Use by Employees May Require Reasonable Accommodation

On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employees regarding their rights under the Americans with Disabilities Act (ADA) if they use opioids, are addicted to opioids, or have been addicted in the past. Specifically, employees who are legally using opioids, including those who are or have been addicted, may be entitled to a reasonable accommodation under the ADA if the accommodation would allow them to do the job safely and effectively. More >

EEOC Nixes Required Antibody Tests in the Workplace

The Equal Employment Opportunity Commission (EEOC) issued a statement clarifying that the Americans with Disabilities Act (ADA) does not allow employers to request or require antibody testing as a condition of employment, recall, or re-entry into the workplace.   More >

EEOC Litigation Trends: Employers, Pay Attention

The activity of the United States Equal Employment Opportunity Commission (“EEOC”) in recent years is enough to keep any employer up at night. In order to comply with federal law, ensure a safe work environment, and manage hiring practices that protect both employers and employees, one of the safest bets a business can make is to stay abreast of trends in EEOC litigation. With this in mind, the following is a list of some of the most interesting recent developments out of the EEOC and a forecast of what’s to come. More >

The EEOC Retaliates on Retaliation, and Employers are Caught in the Crossfire

NOTE: The EEOC guidance on retaliation can be found here:
https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm

One of the hands-down most difficult positions an employer may find itself in is the time period immediately following an employee reporting discrimination. If the employee engages in some form of conduct that is protected by a nondiscrimination statute such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, any adverse action taken by the employer against that employee may be scrutinized as sign of retaliation, which is prohibited by these laws. Thus, the reporting of potential discrimination or the filing of any claim with the Equal Employment Opportunities Commission (“EEOC”) and other investigators produces a chilling effect on the discipline or even termination of that employee, even for unrelated issues.  More >