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Showing 6 posts tagged ADA.

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

On April 17, 2020, the EEOC published updated guidance for employers on how to comply with ADA and other anti-discrimination laws and regulations in the face of COVID-19.  This information is updated regularly, with the current information reflected below. The information below is excerpted from the agency's page "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws": 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 >

Employee Temperature Checks and Confidentiality: Separating Fact from Fiction

The COVID-19 pandemic has sent employers scrambling for answers to questions regarding health, safety, and confidentiality in the workplace they may have never envisioned dealing with. Recently there have been questions concerning the regulatory requirements that an employer encounters when the employer performs temperature checks for employees to prevent the transmission of the COVID-19 virus among its employees and possible customers. More >

What Employers Should Know About Bringing Employees Back into the Workplace.

By now, all businesses in the Commonwealth of Kentucky have experienced at least five weeks of interrupted operations. Some businesses have faced a complete shutdown, others are operating on skeleton crews, and others are fully operational but working remotely. The one thing all businesses all have in common is a desire to get back to “business as usual” once the Governor lifts the Healthy at Home restrictions. However, bringing employees back into the workplace will not be an easy task, and will certainly not be “business as usual.” In addition to the continuing obligations under the Families First Coronavirus Response Act and the CARES Act, employers will need to be mindful of other key laws in order to navigate our new normal in returning to work on-premises. More >

Five things for HR Professionals to Double-Check Yesterday (Or as Soon as Possible)

In the day-to-day rush of business, it’s easy to overlook key employment issues, but they have a way of turning into true headaches for HR professionals. Below are five HR matters that have a habit of becoming bigger problems for employers, and if you aren’t paying attention to them, you may be putting the business at serious risk. More >

EEOC Not Feeling So Well After Loss over Wellness Program

In prior blogs, I discussed pending cases that the Equal Employment Opportunity Commission (“EEOC”) was bringing against wellness programs in the interim before clear guidance was given by the agency on how to craft these programs. Wellness programs, expanded and encouraged under the Patient Protection and Affordable Care Act (“ACA”), run the risk of triggering provisions of federal antidiscrimination laws, such as the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”), according to the EEOC. EEOC brought several high-profile cases against employers in the enactment of their wellness programs, highlighting the bounds of what they view as accepted policy in employer wellness programs. In what is a sure to be a setback for the EEOC, however, it recently lost one of those cases at the trial level. More >

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