Vigilant Blog

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

Showing posts for: Disability

Photo of Karen Davis
Nov 03 2022
Affirmative ActionDisabilityHarassment & Discrimination  

Q&A: Affirmative action ruling won’t affect federal contractors

Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting…

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Photo of Lorraine Amrine
Nov 03 2022
COVID-19DisabilityLeave LawsSafety and Health  

WASHINGTON: Public health emergency ends; some duties remain

Governor Jay Inslee ended the COVID-19 public health emergency for the state of Washington on October 31, 2022, but employers still have some obligations under state law. As we previously reported, the continuing requirements for COVID-19 (coronavirus) stem from Washington’s Health Emergency Labor Standards Act (HELSA) and from an ongoing obligation to…

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Photo of Kandis Sells
Oct 06 2022
Disability  

WASHINGTON: New rules published on long-term care

The Washington Employment Security Department (ESD) published new rules last week for implementation of the WA Cares Fund, Washington’s new long-term care insurance program. Washington employers will remember that this fund was hastily “paused” by Governor Jay Inslee and the legislature in January, and then modified in the 2022 legislative session to delay the…

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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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