Articles and Blogs

The Eighth Circuit Court of Appeals (the “Eighth Circuit”) recently held in Howard v. City of Sedalia (“Howard“) that a hospital was not required to accommodate a pharmacist’s request to keep a service dog in the workplace because such accommodation was considered a “personal item,” providing assistance to her both on and off the... READ MORE

The Sixth Circuit Court of Appeals (“the Court”) recently affirmed the dismissal of a nursing student intern’s lawsuit alleging disability discrimination and failure to accommodate claims. The Court opined that the plaintiff in this action failed to establish an intentional discrimination claim against Hurley Medical Center (“Hurley”) and that Hurley did not fail to... READ MORE

A federal court recently held that Hurley Medical Center (“Hurley”) conducted an individualized inquiry and reasonably concluded that a nursing student intern’s accommodation request to bring her service dog with her as part of her clinical nursing rotation posed a direct threat jeopardizing the health and safety of patients and staff. The court also... READ MORE

*Revised on August 9, 2023 On Monday, August 7, the Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations for the Pregnant Workers Fairness Act (“PWFA”), which will be found here on August 11. Once published, public comment is invited for 60 days. While the regulations could change before being finalized, employers are encouraged to... READ MORE

As we return to a “new normal” and what is hoped to be the tail end of the COVID-19 pandemic, the EEOC recently issued helpful guidance (starting at Section K16, specifically) regarding employer incentives for COVID-19 voluntary vaccinations under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Links to... READ MORE

Recently, the EEOC updated its COVID-19 employment practices guidance (Section K, specifically) to include information on how employers can approach the newly released COVID-19 vaccines under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act and the Genetic Information Nondiscrimination Act (“GINA”). As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE

As we discussed here, the Equal Employment Opportunity Commission (“EEOC”) recently conducted a webinar regarding employment practices amidst the COVID-19 pandemic. During the webinar, the EEOC analyzed 22 employment-related questions. In the previous article, we addressed the first 11 questions of the webinar. We will now cover the last 11 questions for your review.... READ MORE

This week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how to adhere to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act amid the COVID-19 pandemic. As we discussed here and reiterated in the new EEOC guidance, the ADA and Rehabilitation Act do not interfere with employers following the Centers... READ MORE

Updated on 3/16/2020 With concerns over the spread of a novel coronavirus (“COVID-19”), hospitals and health care providers face a unique situation as employers and care providers. As a result, health care employers will need to navigate a variety of legal obligations in preparing for and responding to potential COVID-19 cases, as well as... READ MORE