Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers
EEOC guidance
EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness
On March 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. Our colleague in the Privacy, Data and Cybersecurity practice group published an alert discussing the updates. Read more.

Could Your Parental Leave Policy Be Considered Sex Discrimination?
With the increase in the number of states that require various types of paid leave, now is a good time to examine your leave policies. While often overlooked, one policy that could expose an employer to liability is its maternity leave or parental leave policy.
As the EEOC’s Guidance on Pregnancy Discrimination and Related Issues…
Neither Godot Nor EEOC ADA Leave Guidance Likely to Arrive in 2014
In June 2011, the EEOC held a public hearing on leave as a reasonable accommodation under the ADA and suggested it might issue guidance on the topic. We posted previously that waiting for that guidance is like waiting for Beckett’s Godot, where those waiting come to the realization at the end of each day that…
Waiting for EEOC Guidance on Wellness Plans …and Godot
Earlier this year, we posted that we continued to wait for ADA “voluntary” wellness plan guidance from the EEOC. In a January 18, 2013 informal letter responding to an inquiry concerning a wellness program, the EEOC reiterated its 2000 Guidance that it “has not taken a position on whether and to what extent a reward…