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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives
Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). … Continue reading
Posted in ADA, EEOC, Snell & Wilmer
| Tagged ADAAA, EEOC Guidance, GINA, voluntary wellness program
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Pregnancy Likely to Be Added to Short List of Required Employment Accommodation
Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc. Currently, only two federal discrimination laws go further and, not only … Continue reading
Posted in Discrimination, EEOC, Reasonable Accommodation
| Tagged Accommodation, EEOC Guidance, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation
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EEOC Announces Conclusion of Conciliation and Mediation Pilot Programs
Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot program here. As part of the mediation pilot program, and … Continue reading
EEOC Issues Proposed Rule to No Longer Keep Employers in the Dark as to Cause Finding and Conciliation Demand
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged conciliation, EEOC, EEOC charge, proposed rule
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EEOC Expands Mediation Program
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a six-month pilot program that will greatly expand not only the number of charges that are eligible for mediation, but also the time period in which mediations will be allowed. The ACT (Access, … Continue reading
Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading
Posted in Discrimination, EEOC, Snell & Wilmer
| Tagged SCOTUS, Supreme Court, Title VII
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A Summary of the EEOC’s New COVID-19 Guidance
The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses: D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who … Continue reading
Updated EEOC Guidance for Employers Permits Testing for COVID-19
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and … Continue reading
Posted in ADA, EEOC, Snell & Wilmer
| Tagged Coronavirus, COVID-19, EEOC Guidance
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EEOC Weighs In On The Coronavirus
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) weighed in and provided guidance on the Coronavirus for employers. Click here to access the EEOC’s update and here to access the EEOC’s guidance on Pandemic Preparedness in the Workplace and the … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
| Tagged ADAAA, Coronavirus, EEOC Guidance, Rehabilitation Act
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Is Your Website Accessible? Number of ADA Title III Lawsuits on the Rise
As a society, we have become dependent on the internet for retail purposes. Companies from Amazon to Winn-Dixie sell their products on websites aimed at consumers and those websites are critical to revenue. Internet retail isn’t limited to Fortune 1000 … Continue reading