The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA) qualifying
Continue Reading DOL Issues Important Opinion Letter on FMLAHSB Webinar Announcement: What Employers Need to Know About ADA Compliance and Technology
In recognition of National Disability Employment Awareness Month, Haynsworth Sinkler Boyd focused our October employment law webinar on Americans with Disabilities Act (ADA) compliance related to technology used in hiring and the workplace.
On October 27, Haynsworth Sinkler Boyd’s Chris
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AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers
Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have determined employers using AI
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HSB DEI Webinar Series: Creating an Inclusive Workplace for Disabled Employees
The next two webinars in our DEI series will focus on what employers can do to create an inclusive and equitable workplace for disabled employees, addressing the legal requirements under the Americans with Disabilities Act (ADA) requirements, offering anecdotal experience
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Employers Are Legally Permitted to Mandate COVID-19 Vaccinations, But Should They?
Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory vaccination policy, such as a
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EEOC – Employers Can Require Proof of COVID Vaccination, with Some Exceptions
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
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Should Employers implement mandatory COVID-19 vaccination policies?
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
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World Wide Web Commission Releases New Standards for Website Accessibility
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
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South Carolina Pregnancy Accommodations Act
The 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.
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Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers
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