EEOC Posts then Pulls New Guidance

You had to look quickly this week if you wanted to see the Equal Employment Opportunity Commission’s new guidance on accommodating employees with medical conditions in the age of the coronavirus pandemic. The agency posted an updated guidance on Tuesday, May 5 and shortly after posting, pulled the guidance down because it was being “misinterpreted…

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EEOC Updates ADA and COVID-19 Guidance

Last week, the Equal Employment Opportunity Commission (EEOC) issued a new guidance on the American with Disabilities Act (ADA) and the Rehabilitation Act, as both of them relate to the COVID-19 pandemic. It advises that it will continue to enforce anti-discrimination laws as they relate to reasonable accommodations about medical inquiries and encourages employers to…

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Drive-by Lawsuits

We noted this week a story on the dramatic increase – to record breaking numbers – of lawsuits filed alleging violations of the Americans with Disabilities Act (ADA) Title III. Over 11,000 lawsuits were filed in 2019 – up from just 2700 in 2013 – alleging some violation of the landmark 1990 law. That fact…

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Drive-By Lawsuits 2.0

For several years now, businesses have been plagued by litigation alleging violations of the American with Disabilities Act (whether violations existed or not) in order to extract a financial settlement (small enough to be worth settling, but large enough to be a problem) from the business owner. Such lawsuits become known as “drive-by lawsuits”. For…

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More Involvement Required on Accommodations

Staying in New York for the moment, New York City’s expansion of the reasonable accommodation requirement takes effect the following week on October 15, 2018. More specifically, a January amendment to the New York City Human Rights Law (NYCHRL) requires that employers with four or more employees engage in a detailed “cooperative dialogue” with any…

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A New “Drive-by” Lawsuit

It can’t even be called a “drive-by” lawsuit, but metaphorically speaking, that is the perfect description. A lawsuit against Dunkin’ has been revived and remanded by the 11th Circuit Court of Appeals. Dennis Haynes v. Dunkin’ Donuts, LLC stems from allegations by a Haynes, a blind Florida man that he was being discriminated against in…

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Senate Dems Save Drive-by Lawsuits

Senate Democrats have formed a filibuster proof bloc of 43 Senators opposing a bill passed by the House in February that adds new provisions to the Americans with Disabilities Act (ADA). The group of Senators advised Senate Majority Leader Mitch McConnell in a letter signed by all 43 this week that they will not allow…

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House Passes ‘drive-by lawsuit’ Fix

The US House of Representatives yesterday passed HR 620, which requires that business owners be given details about alleged ADA violations and a time to cure the default before a lawsuit can be initiated. The ADA Education and Reform Act of 2017, which has long been a priority of the Coalition of Franchisee Associations (CFA),…

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Wait & See on EEOC Wellness Regulations

They weren’t completely struck down by the court – but in some ways they might as well have been. In a decision this week by the District Court for the District of Columbia, the Equal Employment Opportunity Commission was ordered to reconsider its current voluntary wellness program regulations which allow employers to offer incentive of…

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Courts Are Double-Edged Swords

As we all know only too well, court decisions cut both ways. The real take-away should be caution rather than joy in victory or despair over a defeat. A couple of recent cases underscore the point. A decision rendered by the 2nd Circuit Court of Appeals points to the possibility that one single racial slur…

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