Long-Haul COVID-19 Can Be An ADA-Covered Disability

The U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that long-haul COVID-19 can be considered a disability and qualify for protections from discrimination under the Americans with Disability Act (ADA).

Campbell Litigation, P.C.August 12, 2021COVID-19, CDC, ADA, guidance, Long-haulComment

EEOC Releases Guidance to Employers Regarding the COVID-19 Vaccine

On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.

Alison Lungstrum MacneillCampbell Litigation, P.C.June 3, 2021COVID-19 Vaccine Series, COVID-19, EEOC, Title VII, ADA, GINAComment

Sixth Circuit Holds Employees Cannot Agree to Shortened Federal Anti-Discrimination Statutes Deadlines

The Sixth Circuit Court of Appeals held that deadlines to bring federal age and disability discrimination claims under the ADEA and ADA cannot be shortened by agreements between employers and employees.

The EEOC Provides Guidance on the Administration of COVID-19 Vaccines

This week, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding the COVID-19 vaccine and its implications on the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Genetic Information Nondiscrimination Act (“GINA”) and other equal employment laws.

Employers May Be Liable for Disability Discrimination Claims Even If the Employee Suffers No Adverse Action Such as Firing or Demotion

This week, the United States Court of Appeals for the Tenth Circuit clarified that employees may sue their employer under the Americans with Disabilities Act (“ADA”) for failing to accommodate their disability, even if the employee was not subject to an adverse action such as firing or demotion.

EEOC’s Updated COVID-19 Guidance on Testing and Privacy Issues

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:

COVID-19 and Reasonable Accommodations – EEOC Provides Updated Guidance

As employers across the country begin the process of reopening their businesses, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance for employers relating to providing reasonable accommodations as required under the Americans with Disabilities Act (“ADA”) while dealing with the COVID-19 pandemic.

The CDC Issues Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus (COVID-19)

The U.S. Center for Disease Control (“CDC”) has published an Interim Guidance for Businesses and Employers to plan and respond to the Coronavirus (COVID-19), outlining how employers can best prepare and respond to the outbreak.

Johnathan KoonceCampbell Litigation, P.C.March 5, 2020CDC, Center for Disease Control, Coronavirus, COVID-19, OSHA, ADA, Sick LeaveComment

Employer Lawfully Refused to Hire Applicant for Fear of Future Medical Impairments, Appellate Court Holds

An employer did not violate the Americans With Disabilities Act (“ADA”) by refusing to hire an obese applicant based on the belief his weight created a high risk he would develop medical conditions in the future, the Seventh Circuit Court of Appeals has ruled.

Extreme Obesity Not Caused by an Underlying Medical Condition Is Not a Disability Under Federal Anti-Discrimination Law

Extreme obesity cannot support a disability discrimination claim under the Americans With Disabilities Act (ADA) without evidence that the condition was caused by a physiological disorder or condition, the Seventh Circuit Court of Appeals has ruled.

Employers in Colorado and Other Western States Must Litigate Untimely Discrimination Claims Under Recent Decision

Under a recent appellate decision, employers in Colorado and several other Western states must litigate clearly untimely discrimination lawsuits, which in the past were summarily dismissed by federal courts for lack of jurisdiction.

Campbell Litigation, P.C.September 6, 2018ADA, Title VIIComment

Failing to Give Employee Emergency Restroom Break May Violate Disability Law

The U.S. Equal Employment Opportunity Commission (“EEOC”) claims that the Home Depot violated the Americans with Disabilities Act (“ADA”), which prohibits disability discrimination in employment and requires employers to provide reasonable accommodations to disabled employees, unless such accommodation would cause an undue hardship. According to the EEOC, the Home Depot refused to allow an employee with irritable bowel syndrome and fibromyalgia a short bathroom break and instead fired her for abandoning her post at a register when she left to use the restroom. The Home Depot denied the allegations, and denied knowing Plaintiff had irritable bowel syndrome, but despite these facts, the EEOC claims that a short break to care for herself and return to work was an ADA reasonable accommodation that the Home Depot could have—and should have—provided to accommodate the employee’s disability.

Campbell Litigation, P.C.August 23, 2018EEOC, ADAComment

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