Updated: The Equal Employment Opportunity Commission Issues New Guidance Labeling COVID-19 a “Direct Threat” Under the ADA, and Granting Employers Greater Flexibility to Maintain the Safety of Their Workplace

2020-04-13T22:10:23+00:00 April 13th, 2020|Categories: COVID-19, Disability, Human Resources Compliance, Julie M. Muller, Kathleen O'Toole, Laws & Regulations|Tags: , , , , , , |

[This is an update to our March 27 post, which can be read here.] On March 18, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance titled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act to account for the novel issues employers face in the wake

The Equal Employment Opportunity Commission Issues New Guidance Labeling COVID-19 A “Direct Threat” Under The ADA, And Granting Employers Greater Flexibility To Maintain The Safety Of Their Workplace

2020-03-27T12:39:09+00:00 March 27th, 2020|Categories: COVID-19, Disability, Human Resources Compliance, Julie M. Muller, Kathleen O'Toole, Laws & Regulations|Tags: , , , , , , |

On March 18, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance titled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act to account for the novel issues employers face in the wake of COVID-19.  The guidance, originally written in response to the 2009 H1N1 outbreak, provides

Massachusetts’ Highest Court Recognizes Employment Protections for “Qualifying Patients” under the Massachusetts Medical Marijuana Act

2017-07-25T14:52:48+00:00 July 18th, 2017|Categories: Accommodation of Employee’s Marijuana Use, Disability, Handicap Discrimination, Human Resources Compliance, Kathleen O'Toole, Mary E. (Beth) O'Neal, MCAD & EEOC|

In a case of first impression, the Supreme Judicial Court held that an employee who is a “qualifying patient” under the Massachusetts’ 2012 medical marijuana law (“An Act for the humanitarian medical use of marijuana”) (the “medical marijuana law”)  may pursue a claim for handicap discrimination under  the state’s anti-discrimination

Don’t Get Taken to the Bank: How to Respond to Employees Asking for Accommodations

2017-04-27T20:07:23+00:00 April 27th, 2017|Categories: Daniel Fishman, Disability|

An employer has obligations when one of its employees requests an accommodation. In the broadest sense, an employer must grant reasonable accommodations to employees who have disabilities as defined by either federal or state law. Even with this obligation, however, employers can refuse to grant certain accommodations on the grounds that it would cause