On December 14, 2021, the EEOC updated its guidance entitled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on how the definition of disability applies to COVID-19. The section includes helpful Q and A addressing when COVID-19 becomes an actual disability.
Continue Reading EEOC Updates Guidance To Address Whether COVID-19 Is a Disability
EEOC PROVIDES GUIDANCE TO EMPLOYERS ON VACCINES
Employers have been asking for months whether they may mandate employees to get a COVID-19 vaccine. According to the EEOC’s recent guidance, the short answer is “yes,” but with certain legal limitations. Employers considering a policy on vaccinations should make sure they review this current guidance.
On December 16, 2020, the EEOC updated its Q&A
Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
In a highly-anticipated decision issued yesterday, the Massachusetts Supreme Judicial Court reversed a lower court’s dismissal of a suit filed by a woman who was fired because of her off-duty use of medical marijuana. The SJC held that the woman’s claims for disability discrimination under the Massachusetts antidiscrimination statute, G.L. ch. 151B, could go forward.
Continue Reading Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
Mental Health and Disability in the Workplace
As an attorney who counsels employers through difficult personnel issues, I am often asked, sometimes even in general conversation, what issues are the “hottest” and most frequent I see in my practice. For the past several years, the task of integrating and returning disabled employees to the workplace is at the top of the list;
EEOC Provides Resource on Leave as Accommodation
Employers have a new resource document to use when determining when and how to grant employees leave as a reasonable accommodation under the Americans with Disabilities Act. The document, published by the EEOC, is entitled Employer-Provided Leave and the Americans with Disabilities Act.
The ADA
applies to employers with 15 or more employees. It requires
The Zika Virus: Is It a Concern for U.S. Employers?
The Zika Virus, an illness transmitted primarily by mosquitoes and also, less frequently, through blood transfusions and sexual contact has certainly been in the news recently. The U.S. Centers for Disease Control (CDC) has issued travel warnings alerting people to the risk of
NH Releases Employment Discrimination Data for 2013
The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013. Last year, the Commission received 222
discrimination charges against employers. This number was slightly down from the year before at 257. Retaliation across all categories topped the list at 93 claims. Following closly behind with 89
Obesity as a Disability Gaining Traction in the Courts
The question of whether obesity meets the definition of a “disability” under the Americans with Disabilities Act (“ADA”) has received significant play over the past few years. The issue first emerged in 2011 when the EEOC filed suit on behalf of the estate of a very obese woman who was terminated from her employment with
Massachusetts Chapter 151B Encompasses Associational Discrimination on Basis of Handicap
The Massachusetts Supreme Judicial Court (SJC) has held an employer is prohibited from discriminating against its non-disabled employee based on that employee’s association with an immediate family member with a disability or handicap under Chapter 151B, the state’s antidiscrimination law. This decision expands the scope of employer liability.
The EEOC Continues Its Focus on Systemic Bias: Is Your Company at Risk for a Discrimination Claim?
Systemic discrimination involves a pattern or practice, policy, or class case where the alleged discrimination has a broad impact on an industry, profession, company or geographic area. The Equal Employment Opportunity Commission (“ EEOC”) usually files 200-300 lawsuits per year, and it is expected that these numbers will hold steady or increase into the future.