It is time to update your workplace signage. On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new workers’ rights poster, which it quickly revised and re-issued on October 20, 2022. The new “Know Your Rights” poster replaces the EEOC’s “Equal Employment Opportunity is the Law” poster, which had been in place for more than a decade, and it features several substantive changes.

Continue Reading Know Your Rights: The EEOC Issues New Workplace Discrimination Poster

For more than two and a half years, employers across the country have navigated a nuanced web of legal requirements and guidance to safely operate during the global COVID-19 pandemic.  Recent updates to the legal landscape at the federal, state, and local level, however, have left many employers asking: is the COVID-19 pandemic finally over? For now, the answer remains “no.” This post discusses three key reasons why employers should continue to operate with the pandemic in mind.

Continue Reading Is the COVID-19 Pandemic Over? For Employers, Not Yet

On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”).  This is the first federal appellate decision which extends the ADA’s protections to transgender people experiencing gender dysphoria and it will have a significant impact on all entities covered by the ADA, including employers (covered by Title I of the ADA), and public accommodations (covered by Title III of the ADA). Prior to this holding, several of the district courts have come down both ways on the issue.

Continue Reading Fourth Circuit Holds the Americans with Disabilities Act Covers Gender Dysphoria

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and making various generally non-substantive editorial changes throughout. According to the EEOC, it revised the guidance in light of the evolving circumstances of the

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” Technical Assistance Questions & Answers (the “Guidance”). The most significant change is the addition of a long-awaited discussion of “long COVID,” which other federal agencies had identified as a disability in joint guidance issued back in July.

The Guidance now contains a new Section N, which addresses when COVID-19 can be considered a disability under each of the three standards of the Americans with Disabilities Act (ADA), i.e., “actual disability,” “record of disability,” or “regarded as an individual with a disability.”  Regardless of which definition may apply, the Guidance stresses the usual ADA rubric—that employers must conduct a fact intensive, case-by-case analysis to determine if an applicant or employee with COVID-19 or “long COVID” has a covered disability under the ADA.

Continue Reading The EEOC Releases Guidance: What Employers Should Know About COVID-19

As featured in #WorkforceWednesdayThis week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.

Remote Work and Reasonable Accommodations

A recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit shows the agency is closely watching and is interested

Last week, in Winegard v. Newsday LLC, the U.S. District Court for the Eastern District of New York issued a decision that may finally tee up the issue of website accessibility to be directly addressed by the Second Circuit and provided businesses without a brick and mortar presence with unexpected relief by dismissing a

On May 14, 2021, the United States House of Representatives passed the Pregnant Workers Fairness Act (“PWFA” or “HR 1065”) for a second time.  With a vote of 315-101, including support from all House Democrats and 99 Republicans, the PWFA now awaits Senate consideration.

As previously reported, the House had originally passed

After keeping us waiting with baited breath for several years, the Eleventh Circuit finally broke its silence – issuing its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act (“Title III” or “ADA”).  In doing so,

As featured in #WorkforceWednesday:  In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency in 2021. Attorney David Garland leads the conversation.

Employers and the New Administration is a