We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…
Read More »Some weeks ago, Equal Employment Opportunity Commission (EEOC) issued a new guidance essentially authorizing in general that employers may require their workers get a COVID-19 vaccine. “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” answers questions about the legal parameters of such a mandate in the context…
Read More »The Equal Employment Opportunity Commission (EEOC) in a rare opinion letter issued last week narrowed the scope in which it will initiate legal action against businesses it believes have engaged in “pattern & practice” discrimination. Although much of the opinion is technical in nature and deals with technical requirements to bringing action under Title VII…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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…
Read More »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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