ADA

May 17, 2022

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Algorithmic Hiring May Disadvantage Disabled Applicants | WWC

On May 12th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document covering how algorithmic hiring tools may disadvantage disabled applicants. In brief, algorithmic hiring tools are artificial intelligence software-based screening tools that help employers save time and effort during the application process. However, even if they are labeled bias...

Restaurant Fined $867K For Overtime Violations, Stealing Tips-4-26-22

The Five Basic Steps in the Reasonable Accommodation Process

April 26, 2022

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Knowing how to respond to a request for disability accommodation under the Americans with Disabilities Act (ADA) and/or any applicable state or local laws and initiate the reasonable accommodation process is crucial for employers. After all, relatively new, persistent health problems are emerging that can qualify as disabilities under federal law. For example, the federal government now recogni...

ADA Addresses Discrimination of People Undergoing Treatment for OUD

April 12, 2022

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The U.S. Department of Justice (DOJ) recently released guidance on how the Americans with Disabilities Act (ADA) covers people undergoing treatment for drug addiction amid an ongoing opioid crisis. Specifically, the guidance addresses how the ADA prohibits discrimination against individuals who are in recovery from opioid use disorder (OUD). It focuses on those not currently engaged in illegal ...

March 15, 2022

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EEOC Answers COVID-19 Questions Related to the ADA and Other Laws

On March 14th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated technical assistance to answer COVID-19 questions related to various laws under the agency. In particular, the technical assistance provides information regarding the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The agency’s answers also address other federal, state, and local laws ...

EEOC Guidance Clarifies When COVID-19 Is Qualifies as a Disability-12-21-21

EEOC Guidance Clarifies When COVID-19 Qualifies as a Disability

December 21, 2021

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Many employees and employers have asked when COVID-19 qualifies as a disability under Title I of the Americans with Disabilities Act (ADA). On December 14th, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to answer that question. In particular, the new section covers COVID-19 related impairments, qualifications for the disability, and related employe...

EEOC Releases Updated COVID-19 Guidance

November 23, 2021

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The Equal Employment Opportunity Commission (EEOC), on November 17th, 2021, announced the release of updated COVID-19 guidance. In short, it provides employers with crucial information on how to avoid possible workplace discrimination claims during the coronavirus pandemic. Indeed, as the coronavirus pandemic continues, the EEOC wants employers to avoid receiving retaliation claims involving CO...

EEOC Releases Updated COVID-19 Vaccine Guidance - October 2021

EEOC Issues Expanded COVID-19 Vaccine Guidance

October 26, 2021

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On October 25th, 2021, the Equal Employment Opportunity Commission (EEOC) announced additions to their COVID-19 vaccine guidance. In short, it provides employers with crucial information on how to avoid possible workplace discrimination claims during the coronavirus pandemic. Indeed, as the number receiving COVID-19 vaccines rises, the EEOC wanted to address employers’ questions. Overall, the a...

New Guidance Recognizes "Long COVID" as a Disability

July 27, 2021

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On July 26, 2021, the U.S. Department of Health and Human Services (HHS) and the Department of Justice (DOJ) released joint guidance announcing “long COVD” as a recognized disability under Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and section 1557 of the Affordable Care Act. Specifically, the guidance was developed to provide clarity on how disability nondis...

Fourth Circuit: Job Creation is Not a Required ADA Accommodation

June 21, 2021

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The U.S. Court of Appeals for the Fourth Circuit issued an opinion on a case involving a required ADA accommodation. Basically, the June 8th, 2021 ruling offers an interpretation of the Americans with Disabilities Act (ADA). Specifically, the ruling says that it is not a required ADA accommodation to create new positions to accommodate disabilities. Previously, the Eleventh Circuit Court of Ap...

Eleventh Circuit: An Employee’s Mental Health Issues Can Lead to Termination

June 7, 2021

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In May, the Eleventh Circuit Court of Appeals heard a case involving termination and an employee’s mental health issues. Specifically, in Todd v. Fayette County School District, judges agreed with the decision to end a mentally ill teacher’s employment. Likewise, mental health issues have been popping up in other aspects of the government. Earlier, in April, the U.S. Department of Labor selecte...

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U.S. Department of Labor Issues New Opinion Letters on Overtime Exemptions, Bonuses, and Compensable Time

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