Updates: Articles & Updates

EEOC Guidance on Mandatory Vaccination Policies

On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated guidance regarding the permissibility of mandatory COVID vaccinations under federal equal employment opportunity laws (“EEO laws”), specifically the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act, as amended.

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Out, Out and Away – The EEOC’s Guidance on Extending Leave As An ADA Accommodation

On Monday, May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new resource document entitled “Employer-Provided Leave and the Americans with Disabilities Act” which details the steps the agency believes employers must take to accommodate employees who need time away from work in connection with medical issues. Employers should be prepared to consider time off as a reasonable accommodation when employees need medical treatment or rehabilitation to enable them to perform essential job functions.

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New Equal Pay Law in California

A new year brings new changes for employers with employees working in California, who are now subject to one of the most stringent equal pay laws in the country. Effective January 1, 2016, the California Fair Pay Act (“Act”) aims to shrink the gender wage gap by making several significant changes to California’s equal pay law. The Act provides greater protections to employees by broadening the scope of individuals who may be compared and by narrowing the factors an employer may rely on to justify a wage discrepancy. The Act also shifts to the employer the burden of proof to show that wage differences are not gender-based.

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Responding to Accommodation Requests

Employers continue to struggle with how best to respond to employees with medical issues who request accommodations. With the EEOC’s renewed focus on disability issues and pregnancy-related limitations, employers must take care to understand, handle, and document accommodation requests carefully. As detailed in Hollie Reiminger and Larry Stuart’s recent article in the April 6, 2015 issue of Texas Lawyer, employers should assume that although every accommodation request will be unique, having a standard way of responding to such requests will minimize legal risks.

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