Intersection of ADA, COVID-19 Requires Creative Reopening Policies, EEOC Official Says

The EEOC has received hundreds of charges involving both COVID-19 vaccination and the ADA, according to Evangeline Hawthorne, the agency’s Tampa field office director. The U.S. Equal Employment Opportunity Commission has received thousands of charges related to COVID-19 since the pandemic began. As of December 2021, more than 2,700 charges were related to COVID-19 vaccines,…

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When Might an Employer Question FMLA Certification?

Family and Medical Leave Act (FMLA) certification of a serious health condition must be complete and sufficient, but sometimes it’s neither. Employers rarely take a hard line but instead ask employees to provide more information to finish out the certification. Here are some tips on how to recognize something is wrong with the certification and…

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Not Every Complaint Is a Request for Accommodation

Employees need to provide sufficient information to the employer that a health issue could be a disability that is interfering with their ability to work, as the U.S. Court of Appeals for the Eighth Circuit recently found. In Powley v. Rail Crew Xpress, LLC, the employee driver had back pain that interfered with her ability…

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Employers Weigh Whether to Rescind Vaccination Policies

Now that the vaccine-or-testing emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack. The U.S. Supreme Court recently blocked OSHA’s vaccine-or-testing rule, an ETS that applied to employers with at least 100…

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7 trends likely to shape HR in 2022

From the Great Resignation to vaccine mandate confusion, last year was a wild ride for HR. Some things may not have cleared up much — like when the pandemic will end or when the labor market will stabilize — but current predictions build on the learnings from the last 12 months. Nearly two years into…

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States Limit Employer Power to Require the Jab

With OSHA’s COVID-vaccination mandate now stayed (almost certainly forever), and the vaccination mandate for government contractors also stayed (probably forever), U.S. employers must decide whether to impose their own COVID vaccination mandates on employees. And state laws will have something to say about that. The chart below summarizes current state laws that restrict a private sector…

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EEOC Clarifies When COVID-19 May Be an ADA-Covered Disability

An employee’s or job applicant’s COVID-19-related impairment may qualify as a disability under the Americans with Disabilities Act (ADA) even if the worker’s initial COVID-19 illness was not covered, according to updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC). A worker’s COVID-19 illness will not be considered an ADA disability if the worker…

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