Americans with Disabilities Act (ADA)

As an unprecedented operation begins to deploy millions of doses of COVID-19 vaccines across the country, employers question whether they may lawfully require that employees be vaccinated. Today, the U.S. Equal Employment Opportunity Commission (EEOC) weighed in with guidance.

The EEOC guidance makes points including the following:

  1. An employer (or a vendor contracted by the

THIS POST HAS BEEN UPDATED WITH THE GOVERNOR’S ACTION ON EACH BILL DISCUSSED.

Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern:

SB 1383Historic Extensions of California

Widespread opioid abuse continues, including among working Americans, subjecting employers to the risk of liability under the intricacies of the Americans with Disabilities Act (ADA) and similar state laws. On Wednesday, the U.S. Equal Employment Opportunity Commission (EEOC) weighed in, releasing two new guidance documents, one directed to employees and the other to their healthcare

If you had asked me a few years ago about ADA accessibility lawsuits, I would have talked about the importance of ensuring your business’s seating, aisles, and restrooms complied with the ADA accessibility guidelines.  Although plaintiffs continue to file lawsuits alleging barriers to physical accessibility, over the past two years, a new type of accessibility

39224362 – web content accessibility concept with wheelchair icon and symbol on a blue computer key for blog and online business.

The claim du jour is website accessibility.

Plaintiffs are suing businesses in alarming numbers alleging that websites are not accessible to persons with disabilities.  In this alert, Fox attorneys

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability rights expert/mediator.

Doctor's note
Copyright: hvostik / 123RF Stock Photo

Despite our differing points of view, there were many

Reasonable accommodation issues are tough.  Employees often want a lot of things that are not justified by a doctor’s note, and appropriately documenting the interactive process can be an uphill battle.

If you are in the LA area and have burning questions about how to reasonably accommodate employees under the ADA and California’s FEHA, then

Copyright: stockbroker / 123RF Stock Photo
Copyright: stockbroker / 123RF Stock Photo

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recent unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for