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McBrayer Blogs

Showing 4 posts tagged reasonable accommodations.

Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  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 >

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