Employment Law Information Network
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For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
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On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees.
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary students, the U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it will solicit public recommendations from students and their advocates and hold listening sessions to determine ways to improve the current regulations to achieve the present-day needs of America’s students with disabilities.
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress damages are not recoverable in a private action to enforce either
On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility
As sticky wickets go, one of the messiest and most complicated laws employers must contend with in navigating their relationship with employees is the Americans with Disabilities Act (“ADA”).
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D.
On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who solely visited a website without the intention of using it did not suffer any concrete injury. Harty v. West Point Realty (2d Cir. 2022).
Georgia industrial company Ranew’s Management Co. Inc. recently paid a former employee $250,000 as part of a deal to end a depression bias lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) in December. According to a recent Law360 article, the company provides “industrial coatings, manufacturing, fabrication, product
The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains at a high-level how state and local governments (entities covered by Title II of the ADA) and places
Almost twelve years after it first proposed to issue website accessibility regulations, the U.S. Department of Justice (DOJ) on March 18, 2022, published “Guidance on Web Accessibility and the ADA.”
We hire employees to do their job, but what happens when they need protected time off or a reasonable accommodation? In our annual two-day intensive workshop for new and experienced HR professionals, we provide detailed information about all of the relevant laws and regulations (including legal updates for 2022 and COVID-related laws) and practical guidance on the challenging issues that arise in these areas. Attendees will work through hypotheticals to test their knowledge, all of which are based on real life scenarios and require thoughtful analysis and strategy.
Former Home Depot employee, Jasmine Michelle Tracy, filed a federal complaint against the company for disability discrimination. In an article published by Law 360, Tracy explains that she was put on permanent leave after sharing with her supervisors that she was using medical marijuana to treat her Post-Traumatic Stress Disorder
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas stations on behalf of his client, Alexander Johnson, Dinin submitted a request for
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