Americans with Disabilities Act (ADA)

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On December 16, the EEOC issued updated guidance addressing how employers may handle COVID-19 vaccinations. Importantly, the EEOC appears to acknowledge that employers may implement mandatory vaccination programs (i.e., require proof that an employee has been vaccinated) so long as…
Continue Reading EEOC – Employers Can Require Proof of COVID Vaccination, with Some Exceptions

Vaccines and health screenings are medical examinations under the Americans with Disabilities Act (ADA). An employer requiring a vaccine must do so for a legitimate business reason or as required to protect the workplace under analysis of the ADA’s “direct…
Continue Reading Should Employers implement mandatory COVID-19 vaccination policies?

When it comes to accommodating clients’ needs, whether your website is accessible to those with vision, hearing, or cognitive disabilities is not often a concern that readily comes to mind. However, lawsuits regarding web accessibility under the Americans with Disabilities…
Continue Reading World Wide Web Commission Releases New Standards for Website Accessibility

Pregnant woman at workThe South Carolina Pregnancy Accommodations Act, found here, was signed into law on Friday, May 18, 2018. The Act amends the South Carolina Human Affairs Law. In passing the legislation, the General Assembly stated,

It is the intent of the General Assembly by this act to combat pregnancy discrimination, promote public health, and ensure full and equal participation for women in the labor force by requiring employers to provide reasonable accommodations to employees for medical needs arising from pregnancy, childbirth, or related medical conditions. Current workplace laws are inadequate to protect pregnant women from being forced out or fired when they need a simple, reasonable accommodation in order to stay on the job. Many pregnant women are single mothers or the primary breadwinners for their families; if they lose their jobs then the whole family will suffer. This is not an outcome that families can afford in today’s difficult economy.
Continue Reading South Carolina Pregnancy Accommodations Act

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in…
Continue Reading Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

Recently, the District Court for the Southern District of Florida held in Gil v. Winn-Dixie Stores, Inc., that Winn Dixie’s website violated Title III of the Americans with Disabilities Act (“ADA”), and awarded the plaintiff attorneys fees and injunctive…
Continue Reading Florida Court Rules Grocery Store Website is Subject to the ADA

Recently, the SC Employers’ Blog alerted you to a rising trend where serial claimants send demand letters to various private companies alleging the company’s website discriminates against individuals who are blind or visually impaired. That blog discussed a proposed Department…
Continue Reading Now What?: ADA’s Website Accessibility Guidelines May Take Longer than Anticipated

Websites and mobile apps (collectively “website(s)”) are a common tool used by businesses of all varieties and sizes to reach current and potential customers. They have revolutionized the manner in which businesses advertise and service customers. While websites may be…
Continue Reading Is Your Website ADA Compliant?

The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.[1] The main issue…
Continue Reading Final Rules on Employer Wellness Programs