Why Do You Need a Handbook Disclaimer and What Should Be In It Anyway?

If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…

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When Is the Accommodation Duty Triggered?

The U.S. Court of Appeals for the Eleventh Circuit addressed this question under the Rehabilitation Act (which applies to federal agencies, contractors and subcontractors, but applies the same standards of analysis as the Americans with Disabilities Act), stating, “The type and extent of information that an employee must provide will depend, of course, on the…

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New Frontier in COVID-19 Vaccine Litigation

Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates. Here we take a closer look at issues companies are facing more than two years into the pandemic, and how you may help your business…

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Unlimited Time Off Presents Hidden Challenges for Employers

We have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and they want to give them the flexibility to take time off as/when needed – provided the work still…

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EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants.  The guidance explains the ways in which software that relies on algorithmic decision-making can run afoul of Americans with Disabilities Act (ADA) requirements. The guidance also includes “promising practices” to…

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Court Cases Show Mistakes to Avoid in ADA Compliance

Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…

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