Blog: ADA

 

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Breaking News! EEOC Issues Vaccine Guidance

Posted on December 16, 2020 by
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Today the EEOC updated its guidance surrounding COVID-19 and vaccinations in the publication titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In its most recent update, the EEOC has added questions and answers to help employers navigate the new COVID-19 vaccine. The questions are added as a new section, Section K. Vaccinations, and include […]

EEOC Answers More COVID Questions!

Posted on September 10, 2020 by
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The U.S. Equal Employment Opportunity Commission (EEOC) posted an update to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” on September 8, 2020. The update modified the Q&As to create a user-friendly comprehensive guide addressing common questions about COVID-19 and federal equal employment opportunity laws for employers. […]

Reopening safely after COVID-19

Posted on July 28, 2020 by
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You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy to return have asked that you monitor off-duty conduct. You are getting […]

The EEOC Updates its Guidance on Dealing With COVID-19 in the Workplace

Posted on April 13, 2020 by
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The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws”, last updated on March 18, 2020.  This was the subject of one of our previous alerts: Some of what the EEOC clarifies was already known or generally […]

OSHA and the EEOC Weigh In on COVID-19 in the Workplace

Posted on March 20, 2020 by
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Two federal agencies have issued guidance and informational documents on dealing with the COVID-19 virus in the workplace. The Occupational Safety and Health Administration (OSHA) has issued a guide for employers on how to prepare workplaces for dealing with the COVID-19 virus.  OSHA discloses at the beginning of the guide that it is (1) advisory […]

Check Your Handbooks!!! UPS Settles Maximum Leave Policy Violations for $2 million.

Posted on August 9, 2017 by
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The EEOC filed suit against UPS on behalf of approximately 90 current and former employees for multiple violations of the Americans with Disabilities Act (ADA).  The agency charged UPS with failing to properly accommodate employees with disabilities.  Most importantly, the EEOC alleged that UPS had a maximum leave policy that automatically terminated employees when they […]

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job – But What About Wisconsin?

Posted on December 19, 2016 by
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Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]

Company Websites May Tangle Up Employers in ADA Liability

Posted on February 8, 2016 by
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Does your company’s public business website create liability under the ADA?  The short, lawyerly, answer is—“it depends.”  Plaintiffs’ lawyers across the country are seizing upon Title III of the ADA [Places of Public Accommodation] as a basis for making threatening demands and filing lawsuits based on the claim that publicly-accessible business websites do not provide […]

Exclusive Remedy of Worker’s Compensation Bars State Law Claims for Emotional Distress

Posted on February 1, 2016 by
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The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Worker’s Compensation Act (WCA).  The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave […]

EEOC Fails to Claim That a Company’s Wellness Program Violates the ADA

Posted on January 7, 2016 by
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A federal judge for the U.S. District Court for the Western District of Wisconsin has dismissed a claim by the Equal Employment Opportunity Commission (“EEOC”) that a company’s wellness program violates the American’s with Disabilities Act (“ADA”).  The company, which has a manufacturing facility in Baraboo, Wisconsin, offered to its employees the ability to participate […]