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Hammond, Indiana, to Pay $80.75K to Resolve Disability Discrimination Charge December 17, 2020
Hammond, Ind., has agreed pay up to $80,750 and furnish other relief to resolve a federal disability discrimination finding.
The U.S. Equal Employment Opportunity Commission (EEOC) said an investigation found reasonable cause to believe that the City of Hammond subjected employees to impermissibly broad and comprehensive medical exams, which they called Functional Capacity Evaluations.
The city used the results of this impermissible medical inquiry to terminate at least one individual. These actions were in violation with the requirements of the Americans with Disabilities Act (ADA), which prohibits employment discrimination based on disability. It also prohibits employers from engaging in retaliation because an employee opposed discrimination or filed a charge with the EEOC. It is also unlawful to coerce, intimidate, threaten or otherwise interfere w
Thursday, December 17, 2020
As the first wave of COVID-19 vaccinations are being administered across the United States, employers are considering whether to mandate and/or administer the COVID-19 vaccine to employees. On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released updates to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” its Technical Assistance Questions and Answers publication, addressing potential concerns with vaccine administration and anti-discrimination laws the EEOC enforces.
The EEOC’s updated guidance offers direction regarding employer-mandated vaccinations, accommodations for employees who cannot be vaccinated due to a disability or sincerely held religious belief, and certain implications of pre-vaccination medical screening questions under the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimi
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) expanded on its
COVID-19 Q&A guidance to address the interplay of vaccines with employment discrimination laws. While the agency confirms that employers may require mandatory vaccination as a condition of employment for most employees without violating federal discrimination laws, there are medical inquiry, accommodation and discrimination concerns to consider in evaluating whether to adopt a workplace vaccination program.
The guidance starts with the pronouncement that “[t]he EEO laws do not interfere with or prevent employers from following CDC or other federal, state, and local public health authorities’ guidance and suggestions”. It then affirms that a COVID-19 vaccine is not a medical examination under the Americans With Disabilities Act (ADA). However, any pre-screening vaccination questionnaire
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On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil rights laws, particularly if the employer plans to require its employees to be vaccinated. While it will likely be months before a vaccine is available to the vast majority of Americans, the guidance does shed some light on how the EEOC views questions relating to vaccination under the laws within its jurisdiction. Equally important, as we obtain new information about vaccine efficacy and longevity, distribution, and vaccination plans, it is likely the EEOC and other federal agencies will issue additional guidance, or revise guidance to reflect the most current information available.