The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with visual disabilities. Like the technical assistance the EEOC published earlier this year
Articles Discussing General Topics Under the ADA
EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers
On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities.
The new guidance reiterates that applicants and employees with vision impairments should not
What Employers Need to Know about the Mental Health Parity Proposed Regulations
On July 25, 2023, the tri-agencies of the Departments of Treasury, Labor, and Health and Human Services (the Departments) issued a compendium of guidance designed to facilitate compliance with the Nonquantitative Treatment Limitation (NQTL) comparative analysis requirements added by the Consolidated Appropriations Act, 2021 (CAA, 2021) as they relate to
Biden Administration Renews Focus on Disability Discrimination as ADA Turns 33
In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more to do,” signaling a continued emphasis by the administration on disability discrimination.
Reminder – Updated Disability Voluntary Self-Identification Form Must be Implemented by July 25, 2023
As a reminder, the deadline to implement the latest, updated version of the Section 503 voluntary disability self-ID form is July 25, 2023.
The OMB approved revised form, including versions in various languages, is available on OFCCP’s website.
OFCCP also provides a number of Frequently Asked Questions regarding implementation of
‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted to the U.S. Supreme Court on behalf of The Restaurant Law Center in Acheson Hotels, LLC v. Laufer, No. 22-429.
EEOC Considering Guidance on AI Tools Beyond ADA, Official Says
The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans with Disabilities Act (ADA), an EEOC chief counsel office said.
Bots or Copycats? Website Accessibility Demand Letters and Website Complaints in a New Age
When one of our clients recently received nearly-identical demand letters from remote, unrelated, and unrepresented parties claiming website accessibility and threatening legal action for damages under the Americans with Disabilities Act (ADA), we decided to look into it.
U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits
The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide information on its website for guests with disabilities, even when the “tester” had no intention to
Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA
For the manufacturing industry, managing employee injury and illness presents unique challenges.
ADA and Hearing Disabilities in the Workplace
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. The series of questions and answers and example workplace scenarios involving individuals
EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities
On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities. The comprehensive document addresses (1) when an employer may ask an applicant or
The EEOC’s Updated Guidance Addresses Hearing Disabilities and the ADA
On January 24, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance guidance explaining how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with hearing disabilities.
What are the key areas our organization should keep top of mind when considering AI and ADA in our workplace?
Twitter Sued for Alleged Discrimination Against Employees with Disabilities
Following Elon Musk’s takeover of Twitter, former employees filed a class-action lawsuit against the company, alleging that Musk’s new work policies did not accommodate workers who have disabilities. In a company email sent in November to the Twitter staff, Musk stated that employees were to commit to his “extremely hardcore” vision
