EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment DecisionsFor 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 ReadingMay 19, 2022 |
Delaware Paid Family and Medical Leave Law SignedOn 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 ReadingMay 11, 2022 |
San Francisco, Los Angeles District Attorneys Suing Law Firm for Alleged Fraudulent ADA Title III SuitsSan 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 ReadingMay 6, 2022 |
Mandatory Bereavement Leave Again Being Considered by the California LegislatureIn 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 ReadingMay 5, 2022 |
New Paid Family Leave Laws Sprout in Maryland, District of Columbia, Virginia RegionBoth 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 ReadingApril 25, 2022 |
Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility ClaimsOn 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 ReadingApril 20, 2022 |
Washington Amends Its Paid Family and Medical Leave ActThe 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 ReadingApril 9, 2022 |
Pending California Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”Recently the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance regarding discrimination against employees with caregiving responsibilities for family members. California similarly has a pending bill, Assembly Bill (AB) 2182, which seeks to add “family responsibilities” as a protected class under the Fair Employment and Housing Act (FEHA). Read more here. Continue ReadingMarch 22, 2022 |
Justice Department Breaks its Silence Regarding Website AccessibilityThe Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains at a high-level how state and local governments (entities covered by Title II of the ADA) and places of public accommodation (entities covered... Continue ReadingMarch 22, 2022 |
New EEOC Guidance Spotlights Caregivers in the WorkplaceAs the number of employees requesting flexible work arrangements increases, the Equal Employment Opportunity Commission has released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” and an update to its COVID-19 “What You Should Know” to address employees and job seekers with family caregiving responsibilities. Read more... Continue ReadingMarch 21, 2022 |
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