Disability Discrimination

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DETERMINES THAT EMPLOYERS MAY MANDATE COVID-19 VACCINATIONS

On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-anticipated guidance to employers regarding mandatory Covid-19 vaccines in the workplace. In its new guidance, the EEOC states that it does not consider vaccinations to be “medical examinations”, which require special justification under the Americans with Disabilities Act (ADA).  This clears the way […]

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What Should Employers Do When Workers Exhaust FMLA Leave?

What Should Employers Do When Workers Exhaust FMLA Leave? When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave.  Here are some tips to help employers manage the return-to-work process and decide, if applicable, if providing more leave is appropriate. Eligible

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES NEW REPORT ON DISCRIMINATION IN THE WORKPLACE

The Equal Employment Opportunity Commission (EEOC) marked its 50th anniversary in 2015. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013. The full report, available on the EEOC’s website, details a number of changes over nine job categories for women, African

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CHRONIC ILLNESSES AS DISABILITIES

The Equal Employment Opportunity Commission (EEOC) recently obtained a $50,000 settlement on behalf of an employee for America’s Thrift Stores of Alabama who allegedly was refused a reasonable accommodation and fired because of her chronic illness, degenerative joint disease. The EEOC claimed that the employee had a good work record, but once she requested accommodations

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THE AMERICANS WITH DISABILITIES ACT (ADA) AND DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING

The United States Equal Employment Commission (EEOC) recently issued a “Question and Answer” regarding the application of the Americans with Disabilities Act (ADA) to applicants or employees who experience domestic or dating violence, sexual assault, or stalking. The ADA prohibits discrimination on the basis of disability.  Specifically, the ADA prohibits different treatment or harassment at

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MORE CLAIMS FILED UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) IN 2009

            The Equal Employment Opportunity Commission (EEOC), the federal agency which regulates and enforces the federal anti-discrimination statutes, recently announced that more individuals with disabilities filed charges last year than at an other time in the twenty (20) year history of the Americans with Disabilities Act (ADA).  Almost 20,500 ADA-related claims were filed with that

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