Articles and Blogs

As we return to a “new normal” and what is hoped to be the tail end of the COVID-19 pandemic, the EEOC recently issued helpful guidance (starting at Section K16, specifically) regarding employer incentives for COVID-19 voluntary vaccinations under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Links to... READ MORE

In an April 15, 2021 letter, the EEOC addressed a request for guidance on employer-provided incentives aimed at encouraging employees to receive the COVID-19 vaccine. The agency indicated, at the time, that they were updating their technical assistance guide to address the extent to which employers may offer employee incentives to vaccinate. Specifically, the... READ MORE

As we discussed here, the EEOC recently updated its COVID-19 guidance (Section K, specifically) to include information on how employers can approach COVID-19 vaccine issues under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). In our previous blog article, we addressed the implications of a... READ MORE

Recently, the EEOC updated its COVID-19 employment practices guidance (Section K, specifically) to include information on how employers can approach the newly released COVID-19 vaccines under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part... READ MORE

As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part I of II)”), here (“EEOC Provides COVID-19 Guidance Via Webinar (Part II)”) and here (“EEOC Updates COVID-19 Technical Assistance”), the Equal Employment Opportunity Commission (“EEOC”) has previously addressed several employment practice concerns throughout the ongoing COVID-19 pandemic. Earlier this fall, the EEOC released... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE

As we discussed here, the Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. During the webinar, the EEOC analyzed 22 employment-related questions. In the previous article, we addressed the first 11 questions of the webinar. We will now cover the last 11 questions for your review.... READ MORE

The Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. The EEOC stressed that all equal employment opportunity laws still have to be followed and that the laws enforced by the EEOC don’t interfere with guidance issued by the Centers for Disease Control and Prevention (“CDC”) or... READ MORE

This week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how to adhere to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act amid the COVID-19 pandemic. As we discussed here and reiterated in the new EEOC guidance, the ADA and Rehabilitation Act do not interfere with employers following the Centers... READ MORE

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE