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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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Employees’ Refusal to Work Over Coronavirus Concerns
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7 percent totaling 23.1 million unemployed. While the number … Continue reading
Posted in ADA, FMLA, NLRA, OSHA, Sick Leave, Snell & Wilmer, Whistleblower
| Tagged ADAAA, CARES Act, Coronavirus, COVID-19, FFCRA, FMLA, NLRA, NLRB, OSHA, Paid Sick Time, Unemployment Insurance Benefits
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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
No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading
Posted in ADA, Discrimination, Snell & Wilmer
| Tagged ADAAA, Disability, Seventh Circuit
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Q1 2019 Workplace Word – Out Now!
The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading
Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer
| Tagged ADAAA, Disability, Form I-9, Hiring and Firing, Hiring Process, ICE, Interactive Process, Interview, Reasonable Accommodation, Work Authorization, Work Visa
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In-House Counsel Tool Kit: Employment Law Update
A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading
Posted in ADA, Discrimination, FLSA, FMLA
| Tagged #metoo, ADAAA, Disability, FMLA, Sexual Harassment, Wage & Hour
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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution
If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading
Posted in ADA, Discrimination, Transgender
| Tagged ADAAA, Disability, Gender Dysphoria, Interactive Process, Pennsylvania, Reasonable Accommodation, Title VII, Transexual
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