Employers Need to Be Careful When It Comes to Flu Vaccinations

As fall and winter approach, it means that cases of seasonal flu will increase. This, in addition to the continuing COVID-19 pandemic, might cause concern for employers everywhere. Some employers might even consider requiring employee flu vaccinations as a way to protect workers from the contagious illness. According to the National Law Review, however, employers […]

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California State Court: ADA Can Apply to Online-Only Businesses

On August 11th, 2020, California Superior Court Judge Gregory Keosian refused to dismiss a lawsuit filed against an online-only video game retailer. The complaint, initially filed In December 2019 by Abelardo Martinez, Jr. alleged that Epic Games does not operate an accessible website per Web Content Accessibility Guidelines (WCAG) accessibility standards. The WCAG standards are […]

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EEOC Releases Guidance Clarifying Employee Opioid Use

On August 5th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance document to address concerns about the employment provisions of the Americans with Disabilities Act (ADA) and the current opioid epidemic. Guidance Summary While making it clear that current illegal drug use does not qualify as a covered disability, the guidance clarifies […]

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EEOC Updates COVID-19 Guidance on Anti-Discrimination Laws

On April 23rd, 2020, the Equal Employment Opportunity Commission (EEOC) announced additions to their technical assistance guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” providing employers with crucial information on how to avoid possible workplace discrimination claims during the coronavirus pandemic. Provided in a “question and […]

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UPDATED: Key Links for Employers During the Coronavirus Health Crisis

Last Updated on 3/30/2020 As employers throughout the U.S. struggle to maintain their businesses, keep workers safe, and transition some employees to work-from-home arrangements in light of the coronavirus pandemic, various federal government agencies have posted useful resources to answer questions and provide essential guidance about relevant workplace laws and regulations. From the U.S. Department […]

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Domino’s Ruling Could Make Websites Susceptible to ADA Lawsuits

The 9th U.S. Circuit Court of Appeals recently ruled that, since it is a place of public accommodations, Domino’s Pizza and its website are required under the Americans with Disabilities Act (ADA) to provide “auxiliary aids and services,” meaning its visual materials must be accessible to visually impaired customers through screen-reading software. This week the […]

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EEOC Wellness Rule Rewrite Pushed Back to December

The Equal Employment Opportunity Commission (EEOC) has been under court order since 2017 to better explain the rationale behind the incentive portion of the wellness rule it promulgated in 2016. The rule governs employer-sponsored wellness programs and allows employers to offer an incentive equal to 30 percent of the cost of self-only health coverage to […]

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ADA Lawsuits Soar, Especially for Website Accessibility Issues

Driven in large part by an exponential increase in legal actions over website accessibility, federal courts in 2018 entertained more than 10,000 lawsuits based on alleged violations of the Americans with Disabilities Act (ADA). According to tabulations by the law firm Seyfarth Shaw, 2018 saw a record high of 10,163 federal ADA lawsuits, up 34 […]

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EEOC Rescinds Its Wellness Regulation

The Equal Employment Opportunity Commission (EEOC) has rescinded its workplace wellness regulation following a judge’s order to revise and rewrite the rule. The effective end date is Jan. 1, 2019, when it would have expired anyway under court order. The regulation over employer-sponsored wellness programs was tossed by a judge in 2017, who gave the […]

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DOJ Says Web Accessibility Under the ADA Open to Interpretation

After 103 House members of both parties beseeched the Department of Justice (DOJ) to clarify website accessibility rules under the Americans with Disabilities Act (ADA), the nation’s top law enforcement agency essentially took a pass. The letter from House members urged the department to “provide guidance and clarity with regard to website accessibility under the … […]

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