The Hits Keep Coming from EEOC

In the wake of issuing new guidance on algorithmic decision-making and validating a third gender for purposes of employment discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) has also updated its guidance regarding COVID-19 workplace viral screening testing. Originally, the agency claimed its position was governed by compliance with the standard for conducting medical examinations…

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EEOC on Algorithm Employment

In the face of the proliferation of algorithmic decision-making in all facets of business, it was only a matter of time until the government got more involved in regulating or policing its use. Enter the Equal Employment Opportunity Commission (EEOC) with its first guidance on algorithmic decision making in employment and the discrimination that can…

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COVID as an ADA Disability

The Department of Justice along with Health and Human Services have issued an updated guidance relating questions of applicability of COVID-19 under the Americans with Disabilities Act (ADA). The guidance defines “long-COVID” which includes issues resulting from COVID exposure that last four or more weeks. In the wake of that guidance, the Equal Employment Opportunity…

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EEOC Files COVID ADA Lawsuit

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…

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EEOC Allows Employer Vaccine Mandates

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…

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EEOC Narrows Window For Suing Businesses

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…

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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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