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”). Under the ADA and GINA, employers are generally permitted to request employee medical or genetic […]
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 of new unemployment claims appears to be dropping, for the week ending May 2, 2020, […]
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 Americans with Disabilities Act. In sum, the EEOC emphasizes that employers should still be cognizant […]
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 companies. Even small businesses are building websites to reach more customers over a broader geographic […]
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 5558090 (7th Cir. Oct. 29, 2019). The unanimous three-Judge panel ruled in favor of employer, BNSF […]
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 to Ask in Interviews. The Workplace Word is a quarterly publication from Snell & Wilmer’s […]
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 a myriad of complex topics that differ from their ordinary practice. This program, requested by […]
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 excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]