On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations.[1] In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act (“FD&C Act”), a law outside of the EEOC’s jurisdiction that nevertheless provides a
Permissibility of Requiring that Employees at Public School and Community College Districts Receive the COVID-19 Vaccination
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our clients have inquired whether it will be permissible to require school and community college district employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost
Permissibility of Requiring that Public Employees Receive a COVID-19 Vaccination
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost certain
How Telecommuting During the COVID-19 Pandemic Impacts the Disability Interactive Process
As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols. One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home. Whereas employers previously may have been reluctant
COVID Briefing: Legal Issues with Taking Employee Temperatures
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures
EEOC Removes Final Rules that Permitted Employers to Offer Incentives to Encourage the Disclosure of Health Information in Connection with an Employer Wellness Program
This post was authored by Carla McCormack.
In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program. This change is effective January 1, 2019.
An employer wellness program, generally offered through an
Three Common Pitfalls in the Reasonable Accommodation Process
The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Over the past several years, we have seen numerous public agencies
Help! My Employee Is a Pill Popper
While this is not the first time a “war on drugs” has been politicized, the new war in 2016 is different than President Nixon’s 1971 declaration of war on drugs and Nancy Reagan’s 1981 “just say no” campaign. The 2016 presidential candidates are espousing the country’s desperate need to control the illegal use of legal
Is Working From Home Really a Reasonable Accommodation? (Part II)
Last year, we reported on the Equal Employment Opportunity Commission v. Ford Motor Company case, a U.S. Court of Appeals case from Ohio. In that case, the Sixth Circuit Court of Appeals reversed a grant of summary judgment to Ford in a disability discrimination lawsuit. In a 2-1 split decision, the Court held that allowing
EEOC Issues New Guidance on Pregnancy Discrimination and Accommodation Requirements
This blog post was authored by Alex Polishuk
On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued new enforcement guidelines on employer responsibilities with regard to pregnant employees under federal workplace laws. The Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Guidance”) advances the EEOC’s position that the Pregnancy Discrimination Act (“PDA”) and