Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Disability

Photo of Kara Craig
Aug 04 2022
Q&ADisabilityHarassment & Discrimination  

Q&A: Eliminating contact with a coworker unreasonable under ADA

Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…

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Photo of Chris Edison
Jul 21 2022
COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity: The EEOC now says…

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Photo of Kara Craig
Jul 07 2022
Q&ADisabilityDrug and AlcoholHiringSafety and Health  

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…

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Photo of Jon Benson
May 19 2022
DisabilityLeave Laws  

ADA claims don’t require long-term limitations

The U.S. Ninth Circuit Court of Appeals recently ruled that the federal Americans with Disabilities Act (ADA) doesn’t require an employee to have long-term medical issues in order to establish a disability. The employee in this case was a newly hired HR generalist who was approved for an eight-week leave of…

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Photo of Leila Duntley
Feb 17 2022
COVID-19DisabilitySafety and Health  

CALIFORNIA: Masks no longer required for most vaccinated workers

The California Department of Public Health (CDPH) order that required everyone to wear masks in indoor public settings regardless of whether they were vaccinated against COVID-19 (coronavirus) expired on February 15, 2022, but the order still requires unvaccinated people to wear masks indoors. As we previously reported, the CDPH originally set…

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Photo of Jodi Slavik
Feb 03 2022
Disability  

WASHINGTON: Long-term care premium tax delayed to July 2023

On January 27, 2022, Governor Jay Inslee signed Substitute House Bill 1732, delaying the implementation of Washington state’s long-term care premium tax from January 1, 2022, until July 1, 2023. As we previously reported, mounting opposition to the program caused Governor Inslee to announce a delay in late December 2021. However, in a…

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Jan 20 2022
COVID-19DisabilitySafety and Health

CALIFORNIA: Masks required indoors through Feb. 15, 2022

On January 5, 2022, the California Department of Public Health (CDPH) extended its order requiring everyone to wear masks in indoor public settings regardless of whether they’ve been vaccinated against COVID-19 (coronavirus). The original statewide order was set to end on January 15, 2022, but will now stay in effect through…

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Photo of Karen Davis
Dec 02 2021
Affirmative ActionDisability  

Federal contractors must certify AAP compliance by June 30, 2022

The Office of Federal Contract Compliance Programs (OFCCP) has announced that employers with federal supply or service contracts/subcontracts will be required to annually certify that they have developed written affirmative action plans (AAPs), with an initial deadline of June 30, 2022. The certification requirements apply to employers who are already…

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Photo of Jodi Slavik
Nov 18 2021
COVID-19DisabilitySafety and Health  

Q&A: Consider options while awaiting ruling on OSHA COVID-19 ETS

Question: I read your Alert, announcing a hold on federal OSHA’s COVID-19 (coronavirus) emergency temporary standard (ETS) for employers with 100 or more employees until a federal court hearing occurs. Does that mean we can stop preparing for the rule (which requires vaccination or weekly tests), or is there something we…

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Photo of Karen Davis
Nov 04 2021
COVID-19DisabilityLeave LawsSafety and HealthWage and Hour  

ALERT: OSHA releases vaccine mandate for employers with 100+ workers

November 4, 2021 OSHA announced its long-awaited COVID-19 emergency temporary standard (ETS), directing employers with 100 or more employees to require their employees to be vaccinated or else submit to weekly testing. The official rule will be effective immediately upon its publication on November 5, 2021, but covered employers will…

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