The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the EEOC’s guidance is helpful, not surprisingly, it leaves open some questions. Section K of the
Surfing the “Interwebs” May Not Be a Public Accommodation Issue Under the ADA, According to 11th Circuit
In a long-awaited opinion, the Eleventh Circuit held that websites are not places of public accommodation for purposes of the Americans with Disabilities Act (ADA). When employers think of the ADA, the first thing that likely comes to mind is that it’s the law that prohibits employment discrimination on the basis of disability. But the
Vaccinations Offer Hope, But What Should Employers Consider When Designing COVID-19 Vaccine Incentive Programs?
On March 2, 2021, President Biden announced that there will be enough COVID-19 vaccines for “every adult” in the United States by the end of May 2021. Given the current lack of vaccine availability, this announcement signals a light at the end of the tunnel for everyone, not the least of which are employers eager
Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can all find some bright shining blessings in what has otherwise been a
Voters Legalize Marijuana, Employers Ask Questions
Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that 
two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both recreational and medical purposes. This is a sharp contrast to Gallup’s first poll on the issue in
Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees
There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face potential civil liability.
New Obligations and Cause of Action
Under the act, which applies to employers with 15
Sweatpants in the Workplace? Dress Code Considerations When Returning to the Office During a Pandemic
Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for sweatpants and their heels for flip-flops. As offices see more and more employees return to
Mandate to Vaccinate? Employers and Required Flu Shots
This year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may
Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have Missed
In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.
EEOC Issues Opioid Accommodation Guidance
While employers have (rightfully) spent recent months navigating the COVID-19 pandemic, another epidemic has quietly continued. Opioid use in the United
More Back to Work Thoughts: DOL Provides Tips on Accommodations Due to COVID-19
As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities. The Job Accommodation Network (JAN), a free service provided by the DOL’s Office of Disability Employment Policy, published several strategies