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That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed disability to leave?

Under the Americans with Disabilities Act (ADA), a place of public accommodation –…

The EEOC Extended EEO-1 Reporting Deadline Until 2021 – But Don’t Stop PreparingThe EEO-1 report — who doesn’t love preparing that? With recent changes it has only gotten more fun. Many employers waited for the EEO-1 reporting portal to open for the March 31, 2020 reporting deadline, but it never did. Now some employers are wondering when they should report. Remember that EEO-1 forms are supposed to…

Nobody Gets Antibody (Testing): EEOC Forbids Employers from Using Antibody Testing for Re-Entering Workplace

The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody testing for the virus before allowing employees to re-enter the workplace. The EEOC based its decision on…