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EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology. Find out more here. Continue Reading
May 19, 2022

Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven By Opioids

The Centers for Disease Control and Prevention (CDC) published data on May 11, 2022 concluding that drug overdoses in 2021 reached the highest levels on record.  CDC stated that an estimated 107,622 drug overdose deaths occurred in the United States in 2021, largely driven by opioids.  This figure is a 15% increase over the number...
May 11, 2022

Delaware Paid Family and Medical Leave Law Signed

On May 10, 2022, Delaware Governor John Carney signed the Healthy Delaware Families Act, which provides up to 12 weeks of leave and benefits to covered employees for certain parental, family caregiving, and medical reasons. Read more here.   Continue Reading
May 11, 2022

San Francisco, Los Angeles District Attorneys Suing Law Firm for Alleged Fraudulent ADA Title III Suits

San Francisco City and County District Attorney Chesa Boudin and Los Angeles County District Attorney George Gascón have filed a lawsuit in the California Superior Court in San Francisco accusing the Potter Handy LLP law firm of filing thousands of “boilerplate, cut-and-paste federal-court lawsuits that falsely assert its clients have standing under the Americans with... Continue Reading
May 6, 2022

Mandatory Bereavement Leave Again Being Considered by the California Legislature

In 2020, the California legislature considered a bill in which employers would be required to provide employees with bereavement leave, but the legislation didn’t make it to the Governor’s desk. Assembly Bill (AB) 1949 reintroduces the idea of mandatory bereavement leave and expands the allowance from the 2020 proposal. AB 1949 would make it an unlawful employment... Continue Reading
May 5, 2022

New Paid Family Leave Laws Sprout in Maryland, District of Columbia, Virginia Region

Both Maryland and Virginia have joined the District of Columbia in enacting laws relating to paid family and medical leave for private-sector workers. Following in the footsteps of the District of Columbia, the Maryland law will create a mandatory statewide benefit that will be funded by payroll taxes. In contrast, the Virginia law will create... Continue Reading
April 25, 2022

Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims

On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessibility lawsuits. The courts based their... Continue Reading
April 20, 2022

U.S. Department Of Justice Issues Guidance Concerning Legal Protections For Individuals Recovering From Opioid Use Disorder

The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as part of that treatment. The guidance states that individuals in treatment or recovery from opioid...
April 11, 2022

Washington Amends Its Paid Family and Medical Leave Act

The Washington State Legislature has again amended the state’s Paid Family and Medical Leave (PFML) Act.  This amendment is effective June 9, 2022.  Here is a list of the most significant changes to the law: First six weeks of postnatal leave for incapacitated employee is presumptively medical leave. During the six-week postnatal period, any PFML... Continue Reading
April 9, 2022

Federal Court Dismisses Disability Discrimination Suit Based on Employee’s CBD Use

A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability.  Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D. Indiana March 31, 2022). Rocchio...
April 7, 2022

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