One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v.
Puerto Rico Disability Discrimination Law Covers Registered and Authorized Medical Cannabis Patients
Puerto Rico’s disability discrimination statute (Law 44-1985), the local counterpart of the Americans with Disabilities Act (ADA), has been amended to extend coverage to registered and authorized medical cannabis patients. The amendment (Law 90-2022) went into effect on October 14, 2022, upon Governor Pedro Pierluisi’s signing.
Read more here.
Justice Department Breaks its Silence Regarding Website Accessibility
The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains at a high-level how state and local governments (entities covered by Title II of the ADA) and places of public accommodation (entities covered…
Make Room on Your Bulletin Board for Virginia’s Notice on Reasonable Accommodations for Disability
The Virginia Office of Civil Rights has issued its new poster for employers regarding reasonable accommodations for employees with disabilities. Starting July 1, 2021, covered Virginia employers must post this poster in a conspicuous location and provide a copy of the poster to any employee who discloses they have a disability, within 10 days of
Virginia Employers Soon Must Adopt, Provide Accommodation Policies to Employees With Disabilities
Starting on July 1, 2021, most Virginia employers must include information in their employee handbooks about reasonable accommodations for persons with disabilities and provide that information directly to any employee within 10 days after receiving notice that the employee has a disability. Read more about this new requirement.
EEOC UPDATES ITS GUIDANCE ON VACCINATIONS
Just as you may have been preparing to settle into a relaxing Memorial Day Weekend, the EEOC issued additional informal guidance today concerning COVID-19 vaccination issues. Although there are still many holes to be filled, and employers continue to be left with incomplete guidance, here are some initial highlights and observations:
MANDATING THE VACCINE
For Once, Good Deed Goes Unpunished
What is an employer’s risk in terminating an employee who has suffered an injury or becomes disabled and no longer can perform the essential functions of the position? How can that risk be lowered?
The Seventh Circuit Court of Appeals recently addressed this issue in Conners v. Wilkie, a lawsuit brought by a licensed…
As COVID Restrictions Ease, “Fully Reopen” May Not Mean Business As Usual
With COVID-19 infection rates and hospitalizations decreasing, states are slowly loosening restrictions on businesses. For example, Connecticut, New York, and New Jersey announced plans to fully reopen by May 19th with some constraints remaining in place, including mandatory wearing of masks and social distancing. All three states have announced significant capacity rollbacks for indoor…
Virginia Expands Disability Discrimination Protections and Adds Domestic Worker Protections
Effective July 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers. Read more about the expanded law and next steps for employers here.
Seventh Circuit Continues To Find That Lengthy Leaves of Absence May Not Be Reasonable Accommodations Under the ADA
On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional…