If you are anything like many employers, your reaction upon hearing the term “reasonable accommodation” will mirror the stages of grief—denial, anger, bargaining, depression, testing, and finally acceptance. Denial: “You want me to change our…
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Handbooks. If you’ve ever worked for a company, chances are you’ve been handed one of these. They can run from a few pages to several hundred, often contain inexplicable passages of dense legalese, and are generally skimmed through briefl…
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As artificial intelligence (AI) continues to reshape hiring practices, employers are increasingly facing legal challenges related to potential discrimination. The recent Workday AI Bias Lawsuit serves as a significant reminder of the risks associated…
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A recent ruling by the U.S. Court of Appeals for the District of Columbia Circuit highlights a key issue in the employment law space: the importance of engaging in a meaningful, interactive process when employees request accommodations for disabiliti…
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According to EEOC statistics, the most common basis for charges of discrimination filed with the agency is retaliation. Issues related to COVID-19, such as the ongoing need for sick leave, vaccine hesitancy, religious exemption requests from vaccine…
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On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. Consistent with that direction, OSHA developed an Em…
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Many employers are being inundated with employee requests for religious exemptions to vaccine mandates. Employers who are evaluating religious exemption requests must take a nuanced approach or risk violating federal anti-discrimination statutes, suc…
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As businesses have begun mandating vaccinations for employees and customers, many have heard a common response, in one form or another, “You can’t ask me that because of HIPAA.” In written form, these responses often invoke the prot…
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Wal-Mart has been hit with over a $125 million dollar jury verdict in a lawsuit filed against it by the EEOC. A Wisconsin jury found that Wal-Mart was in violation of the Americans with Disabilities Act (“ADA”) when it discriminated against an em…
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On August 23, 2021, the FDA granted full approval to the Pfizer-BioNTech COVID-19 Vaccine, which had previously been authorized under an emergency use authorization. Although some private employers had begun implementing vaccine mandates for employee…
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