Accommodation for Disability

On September 9, 2021, President Biden announced impending COVID-19 vaccine requirements that will apply to federal workers, federal contractors, and private employers with more than 100 employees. If you are an employer in one of these categories, here is what you need to know:

Employers with 100 or More Employees – Vaccine/Testing Requirements Coming Soon

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

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC).

According to the suit, Volvo made a conditional job offer to a qualified applicant for a laborer position at its Hagerstown, Maryland facility.  The applicant,

Employee Handbook
Copyright: iqoncept / 123RF Stock Photo

In newly published guidance, the Equal Employment Opportunity Commission (“EEOC”) discusses employer leave policies and the Americans with Disabilities Act (“ADA”). This guidance is significant for a number of reasons.  First, ADA-related developments feature prominently in the EEOC’s most recent enforcement plan.

The EEOC “must be licking its chops,” we said in our post on June 14th.  Why?

 licking its chops : Cat licking its chops

It achieved a PR coup in the form of a new lawsuit against a Detroit nonprofit which helps people with disabilities — appropriately named  the “Disability Network” — for allegedly violating the ADA by discriminating against a deaf employee.

Last week we reported about the EEOC entering into a consent decree settling a disability suit for $30,000.  The suit was against a Minneapolis-area home health care provider for failing to provide a reasonable accommodation to a housekeeping employee who suffered from fibromyalgia and osteoarthritis — and then firing her.

We stressed a few major

On October 7th we asked the questions:  Must an employee who needs an accommodation (disability-related) actually request it?   Or must the employer be “clairvoyant” and infer such a request from the circumstances of the case?

We spotlighted a new decision from an Illinois federal court which held that the employer (the US Postal Service) had

Yes — that’s what an EEOC attorney said upon the settlement for $75,000 of an ADA case it brought in California against Kaiser Permanente, the US’s largest managed care organization.

Indeed, this is not the first such pointed comment from the EEOC:  just recently we quoted an EEOC attorney commenting on the filing of a