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There are still many unknowns when it comes to the long-term health impacts of COVID-19 infections.

July 17, 2020
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Suppose a union asks their bargaining unit’s employer for a list of names of all employees who have been exposed to or tested positive for COVID-19: Must the employer provide the requested medical information?

July 14, 2020
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In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least for the time being.

June 30, 2020

The guiding principle for employers to follow when asking or talking about individual employees’ health concerns is “data minimization.” In other words, employers should collect and share employee health information only to the extent necessary to protect the workforce from COVID-19 exposure and should keep those records confidential.

March 23, 2020
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I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.

February 6, 2020
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Nobody likes comments about their weight (Heaven help the person who makes one about mine), and most people have learned that weight is a subject best approached with caution.

December 12, 2019
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You finally sit down with an employee who has performed poorly for months, and you give him or her both a detailed performance improvement plan spelling out your expectations and a time frame by…

December 5, 2019
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In a recent post , we discussed how several states now prohibit employers from discriminating against employees who use marijuana for medical purposes.

November 15, 2018
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I recently saw a story about a woman trying to board a plane with a squirrel . You might think that’s nutty, but United Airlines reports that requests for emotional support animals increased by 77%…

October 16, 2018
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A client recently asked me whether I thought that the EEOC’s new online public portal would lead to an avalanche of new charges. Having visited the portal, I think those fears are unfounded.

December 12, 2017
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Does the ADA require employers to allow unpaid leave for accommodation when such leave doesn’t present undue hardship? This has actually been an open question under the ADA for a while, and the EEOC…

September 26, 2017
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Insight

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm…

September 13, 2017