By KarlaGrossenbacher, Jennifer A.Kraft, and Benjamin J.Conley
Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination mandatory. Be sure to read our alert for more relating to legal considerations involved with a
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals reaffirms employers’ right to require compliance with valid safety requirements. And it serves
Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations.
Questionable verifications for certain assistance animals have frustrated the airline industry for years. From peacocks to pigs, all sorts of furry and feathered companions
By Karla Grossenbacher and Gerald L. Maatman, Jr.
Seyfarth Synopsis: On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance for employers on the interplay of workplace bias laws and COVID-19 vaccinations. As all employers are facing these issues in the coming weeks with the roll-out of vaccinations, the EEOC’s guidance should be
By Minh N. Vu and Kristina M. Launey
Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues.
While the current administration may still be unwilling to concede the election, it appears there will indeed be a new administration in charge at the Department
By Honore N. Hishamunda and Erin Dougherty Foley
Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability accommodation. A recent decision from the United States Court of Appeals for
By Minh Vu and Julia Sarnoff
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.”
On October 2, 2020, Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bill called the “Online Accessibility Act” (H.R. 8478) (the “OAA”) which
By Loren Gesinsky and Samuel I. Rubinstein
Seyfarth Synopsis: With telework seeming like the new normal for many, employers and employees have been wondering whether pandemic telework will be seen as creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. On September 8, 2020, the EEOC answered “no” to
By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and other EEO laws to employers
By Nolan R. Theurer and Andrew M. McNaught
Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to support his allegations with sufficient evidence. The decision prevents plaintiffs with associational discrimination claims from