Taking Care of HR Business

A blog from the attorneys of Verrill

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Category: Accommodation

Myth Buster: Employers, Vaccine Information, and HIPAA

With the nation’s ongoing focus on COVID-19 vaccinations, you may be hearing information—and misinformation—about your obligations under HIPAA, the federal Health Information Portability and Accountability Act. In this segment of Myth Busters , we address some common misconceptions about HIPAA and its applicability to employers and employee health information...
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Public Accommodation Laws and Vaccination Inquiries

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and what organizations can/must/should do to protect themselves and their employees from claims of...
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The COVID Vaccine: HR Policy Development Playbook

In March 2021, we worked with MP HR & Payroll Solutions who created an eBook as a resource for employers, "The COVID Vaccine: HR Policy Development Playbook," that assists employers on what to do about the COVID-19 vaccine and employees begin to return to work. The guide covers vaccination...
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What Does the COVID-19 Vaccine Mean for My Business?

With the first inoculations of the COVID-19 vaccine making headlines over the past few weeks, employers are starting to plan for the impact this will have on their businesses. The development of a vaccine inspires hope that a return to normalcy (and for some workers – a return to...
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The Coronavirus: FAQs for Employers

We’ve been here before. Remember the H1N1 outbreak of 2009? That little bug originated outside of Mexico City. As the virus spread, governments issued travel warnings and schools were on notice to be extra vigilant. There was even a quarantined cruise ship and a run on surgical masks. Sound...
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Is Your Website Accessible to Disabled Online Job Seeker?

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On March 22, 2019, a federal judge permitted an Ohio man's class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job application wasn't fully accessible. In the past, experts have advised on the importance of having...
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On The Twelfth Day of HR, Verrill Dana Gave to Me…

…a stocking full of tip summaries! After a very musical few weeks, we've arrived at the final installment of our 12 Days of HR series. We hope that you've enjoyed singing along with us on our holiday-themed journey through various employment law issues—and learned a few things along the...
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Is Hiring a Full-Time Interpreter a Reasonable Accommodation?

Maybe. The United States District Court for the District of Connecticut issued a ruling on Defendant's Motion for Summary Judgment in Cadoret v. Sikorsky Aircraft Corp. on February 9, 2018, holding there was a genuine issue of material fact as to whether hiring a full-time American Sign Language interpreter...
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Secret Agent Man with Narcolepsy Lacks Disability Claim

Jacob Abilt (not his real name) was a covert employee for the CIA until his employment was terminated in October 2011. After his termination Abilt argued that despite having informed the CIA he had been diagnosed with narcolepsy, he was terminated as a result. The facts are limited, as...
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Employer Successfully Parses the Haze in the Land of Enchantment

Recently, New Mexico employer Presbyterian Healthcare Services successfully defended a claim of disability discrimination after terminating a Physician's Assistant who tested positive for medical marijuana. The case, Smith v. Presbyterian Healthcare Services , involved a Physician Assistant, Donna Smith, who through a staffing agency, Advantage Locum, applied for and...
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Is Honesty the Best Policy? EEOC Alleges Honesty Policy Violates ADA

Our parents consistently told us honesty was the best policy. Being honest with the people you interact with, whether, socially, romantically, or professionally, often creates the healthiest relationships in the long run; the EEOC may, however, disagree with me. The EEOC recently sued Aurora Health Care Inc. in the...
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You Accommodate Your Employees, But Do They Accommodate Your Customers?

Late last month we posted on Indiana's "Religious Freedom" bill. Since then, the bill has been amended and states (including Maine ) with similar pending legislation have reconsidered the propriety of such legislation. Additionally, recently the New York Times published an article focusing on delays and disruptions that were/are...
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Sixth Circuit’s Panel Decision Isn’t Built Ford Tough

Earlier this month, the Sixth Circuit issued an en banc decision in the EEOC v. Ford Motor Co. matter concerning the ADA and telecommuting; finding that telecommuting up to four days a week was not a reasonable accommodation. We have been following the opinion both initially and when the...
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Nine Months Later Supreme Court "Delivers"

Yesterday the Supreme Court issued its much-anticipated opinion on the Pregnancy Discrimination Act in Young v. UPS vacating the Fourth Circuit's (and District Court's) grant of summary judgment in favor of the employer, UPS. We've previously discussed the background of the case here and here , but for our...
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Wacky Wednesday: Fear and Loathing in Elementary Education

Last week, the Sixth Circuit ruled that a former Ohio public school teacher who was suffering from pedophobia (the fear of young children), had not presented an Americans with Disabilities Act or Age Discrimination Claim. The Plaintiff requested the school district accommodate Plaintiff's disability, pedophobia, by transferring her from...
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