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On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance describes how the ADA’s three-part definition of disability (actual disability, record of disability or being regarded as an individual with a disability)…

The EEOC has recently updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on Retaliation and Interference.

The update to EEOC’s guidance reviews anti-retaliation protections under the federal equal employment opportunity (EEO) laws including Title VII of the Civil Rights Act (Title…

For years (and I do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program.  Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.

The ADA prohibits employers from requiring medical examinations or…

The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and other settings open to the public. Last week, we discussed considerations for businesses considering relaxing their mask and social distancing policies…

A website is not a “place of public accommodation” and an inaccessible website is not necessarily equal to the denial of goods or services, a federal appeals court has held in a groundbreaking decision on disability discrimination under Title III of the Americans with Disabilities Act (ADA). Gil v. Winn-Dixie Stores, Inc., No. 17-13467…

Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” The Equal Employment Opportunity Commission’s (EEOC) position on these programs has been a significant driver of those struggles, primarily due…

As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated for seasonal influenza and/or COVID-19 infection.  After the year that many have had, there is a …

When it comes to disability and leave management, the past year has been one HR hurricane after another. Everything is different, including our Annual Disability & Leave Management Symposium. We know you are as frustrated as we are. We wanted to have an old fashioned, in-person conference, but in the interest of social distancing we’ve…

The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 Job Protection Act signed into law on March 20, 2020.

The law generally protects employees from adverse actions when they take or request time off at the written or electronic recommendation of a medical professional licensed in…