The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated and expanded its guidance regarding the COVID-19 pandemic and federal anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act (“Title VII”). The guidance, initially issued in December of 2020, covers communicating with employees regarding their COVID-19 diagnosis or
EEOC Issues Guidance on COVID-19 Vaccinations in the Workplace
The Equal Employment Opportunity Commission (“EEOC”) recently issued its long-awaited guidance regarding the implications of mandating COVID-19 vaccinations in the workplace under certain EEO laws. In general, the guidance confirms that employers can require that employees receive a COVID-19 vaccination as a condition of employment in certain circumstances, provides guidance on how to communicate with
Thawing the Chilling Effect: Diversity, Equity and Inclusion Trainings following the President’s September 2020 Executive Order titled “Combating Race and Sex Stereotyping”
On September 4, 2020, under an order from the President of the United States, the director of Office of Management and Budget (OMB), Russell Vought, issued a memorandum titled Training in the Federal Government that stated, in part “The President has directed me to ensure that Federal agencies cease and desist from using taxpayer dollars
New EEOC Guidance Tackles Employee ADA Rights and Opioid Use
The EEOC has issued new guidance about the rights of employees under the Americans with Disabilities Act as it relates to an employee’s opioid use, addiction, or past addiction. The guidance applies to use of a variety of opioids, whether they are prescription drugs, illegal drugs, or substances that can be prescribed to help treat
Maryland Restricts Use of Facial Recognition Technology in Hiring
Entering a relatively new frontier in employment discrimination law, the Maryland legislature has passed legislation restricting employers’ use of facial recognition technology in the hiring process. The bill becomes effective on October 1, 2020.
Under the new law, Maryland employers may not use a “facial recognition service” for the purpose of creating a “facial template”
Supreme Court: LGBTQ Employees Protected
In an historic decision, the Supreme Court ruled 6-3 last week that Title VII’s prohibition on employment discrimination protects employees on the basis of sexual orientation and gender identity. In doing so, the Court held that discrimination based on sexual orientation or gender identity necessarily involves discrimination on the basis of sex, which Title VII
What Employers Should Know about COVID-19 and the ADA
COVID-19 has changed workplaces across the country. The virus’s status as a pandemic has given employers more tools to protect employees from the risks of infection at work. While the ADA normally restricts employers from making medical inquiries to employees or conducting medical exams at work, the COVID-19 pandemic has relaxed some of these restrictions.
Appeals Court Rejects Disability Discrimination Claim of Employee with Supervisor-Induced Stress and Migraines
When an employee requests an accommodation or asserts a claim under the Americans with Disabilities Act, an employer’s second question—right after “Are we even covered by the ADA?”—will likely be: “Did/does the employee have a disability?” (Claims from employees who are merely perceived as disabled are a topic for another day.) The definition of a
Virginia: the Next State to Protect LGBTQ Employees from Discrimination?
If you’re a regular reader of our blog, you probably know that the question of whether federal law prohibits employment discrimination against employees on the basis of their sexual orientation or gender identity remains open, which the Supreme Court may (or may not) resolve this year. While the EEOC continues to move forward in processing
NJ Issues Guidance on Race Discrimination Based on Hairstyle
Recently, several jurisdictions have stated that discriminating against an employee on the basis of the employee’s hairstyle, where the hairstyle is closely associated with race, constitutes race discrimination. The New Jersey Division of Civil Rights has clarified its approach to this issue, recently issuing guidance on how it will apply the New Jersey Law Against