As featured in #WorkforceWednesday:  In early January, the Equal Employment Opportunity Commission (EEOC) issued proposed rules on using incentives to encourage employee participation in wellness programs. While we don’t know exactly how President Biden’s EEOC will adjust the proposed rules, attorney Frank Morris explains why employers should keep the rules in mind when offering

Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish programs that provide employees with incentives to achieve certain health outcomes, such as smoking cessation or weight loss. Employers must exercise caution in creating

As featured in #WorkforceWednesday:  With President-Elect Biden’s inauguration next week, and the Democrats taking a narrow majority in both houses of Congress, we’re likely to see shifts in policy at the agencies that regulate employment. Attorney Robert O’Hara discusses what we’re likely to see coming out of the EEOC in the near term, and

As the first wave of COVID-19 vaccinations are being administered across the United States, employers are considering whether to mandate and/or administer the COVID-19 vaccine to employees.  On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released updates to “What You Should Know About COVID-19 and the ADA, the Rehabilitation

After repeated introductions over the course of several years in both the U.S. House of Representatives and the Senate, on September 14, 2020, the House passed HR 2694, the Pregnant Workers Fairness Act (“PWFA”). The stated purpose of the legislation is to “eliminate discrimination and promote women’s health and economic security by ensuring reasonable

On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) released updates to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers (“FAQs”), addressing questions largely focused on return-to-work questions and concerns such as permissible and impermissible inquiries, reasonable accommodation and confidentiality

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces.  On August 5, 2020, the Equal Employment Opportunity Commission (“EEOC”) released new guidance addressing the rights of opioid users in the workplace under the Americans with Disabilities Act (“ADA”).[1]  The

On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”).  The Commission’s recent updates have focused on return-to-work issues (e.g., see June 11, 2020 Guidance update). This latest update advises employers that, at least for now, requiring employees to