Now is the Time for Employers to Update Harassment Prevention Procedures and Get in Compliance with New EEOC Guidelines On January 10, 2017, the United States Equal Employment Opportunity Commission (“EEOC”) announced that it is seeking public input on proposed “Enforcement Guidance” designed to address harassment in the workplace. The proposed Enforcement Guidance is available here for public comment until February 9, 2017. This is the optimal time for employers to review and update… Continue Reading
EEOC Resource Document Provides a Refresher on Workplace Rights for Individuals with Mental Health Conditions On Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of resource documents […] Continue Reading…
President Trump—How Will He Change the Courts and What Does that Mean for Employers? (3rd in a 3 Part Series) In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment law. Judicial Appointments President Trump’s election injects uncertainty into the Supreme Court’s makeup and future rulings, including employment-related cases. Because the Senate did not … Continue Reading
EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other private company information. Similarly, the EEOC has sought to expand the scope of federal civil rights laws in a number of areas, … Continue reading this entry

Employers may see an uptick in requests for accommodations of mental disabilities, and healthcare providers may be asked to fill out yet more paperwork, as a result of two new publications issued by the EEOC last week.

The first, Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights, advises employees with mental health disabilities of … Continue Reading

Appellate Court Holds that ADA Does Not Require Reassignment Without Competition

The Equal Employment Opportunity Commission (EEOC) suffered a setback in its attempt to establish that the Americans With Disabilities Act (ADA) requires an employer to reassign an employee to an available position without having to compete with other candidates for that position.  In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit Court of Appeals held … Continue Reading

The post Appellate Court Holds that ADA Does Not Require Reassignment Without Competition appeared first on Disability, Leave & Health Management Blog.

EEOC Issues Informal Guidance on Reasonable Accommodations for Mental Health Conditions

By Bridget M. Maricich

Seyfarth Synopsis: Though only an informal guidance, this resource document reminds employers of the EEOC’s expansive interpretation of what constitutes a reasonable workplace accommodation. Employers should continue to meaningfully engage in the interactive process with any employees seeking workplace accommodations for a physical or mental disability and assiduously document those efforts.

Citing an increase in … Continue Reading

EEOC Issues Guidance on the Rights of Employees with Mental Health Conditions Under the ADA

In continuation of its series of “resource” documents which provide guidance to individuals with medical conditions or work restrictions, on December 12, 2016, the EEOC issued a “resource” document titled “Depression, PTSD, and Other Mental Health Conditions in the Workplace: Your Legal Rights” which is intended to provide guidance on workplace rights for individuals with … Continue Reading

The post EEOC Issues Guidance on the Rights of Employees with Mental Health Conditions Under the ADA appeared first on Disability, Leave & Health Management Blog.

As we observed (here), the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and national origin inevitably come up. Right on cue, on November 21, 2016, the EEOC, emphasizing the rising numbers of immigrant workers in many of the United … Continue Reading

On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading