By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, Mark A. Lies, II, James L. Curtis, Brent I. Clark, and Craig B. Simonsen
Seyfarth Synopsis: The WHO and the CDC issued statements and FAQs on the monkeypox disease, declaring the disease a “Public Health Emergency of International Concern.”
On July 23, 2022, the
Continue Reading WHO Declares Monkeypox Disease a Public Health Emergency of International Concern
By Samantha L. Brooks, Karla Grossenbacher, and A. Scott Hecker
Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other return-to-work issues, including reasonable accommodations and access to employees’ confidential medical information. Employers continue to face these
Continue Reading In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As Employers Return Employees To The Workplace
Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
Continue Reading Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users
By Ashley S. Jenkins and Minh N. Vu
Seyfarth Synopsis: Hotels have been fighting a tsunami of hotel reservations website lawsuits with good results so far.
In the past few years, a dozen or so plaintiffs represented by a handful of law firms have sued many hundreds of hotels for allegedly not providing enough accessibility information about their accessible
Continue Reading A Status Update on Hotel Reservations Website Lawsuits
By Minh N. Vu
Seyfarth Synopsis: We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA.
Like 2020, 2021 was a tough year for businesses. Still dealing with the constantly-changing COVID-19 landscape, businesses were also bombarded with what may be another record number of ADA
Continue Reading Crystal Ball 2022: More Aggressive DOJ Enforcement, More Lawsuits, and Maybe a New Rulemaking
Seyfarth Synopsis: On October 18, the DFEH issued Guidance which expressly approves denial of entry to individuals who cannot show a negative COVID test or proof of vaccination, refuse to have their temperature taken or respond to COVID-19 symptom screening questions, subject to providing reasonable accommodations to customers with disabilities.
In the latest COVID-related quandary, businesses
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.
As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement
By Benjamin J.Conley and Diane V. Dygert
Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine. See Did You Get Your Vaccine Yet… Your Employer May Offer You an Incentive, and Employers’ Mandating the COVID-19 Vaccine
Continue Reading Anti-Vax Tax Facts Legal Considerations for Premium Differentials Based on Vaccination Status
By Glenn J. Smith, Howard M. Wexler, Ephraim J. Pierre, and Bill S. Varade
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New Jersey’s Law Against Discrimination (“LAD”).
Continue Reading No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD
By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: The Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an employer can contractually shorten the limitations periods with respect to certain discrimination claims. In addition, the
Continue Reading Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit