As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has had on its radar potential harms that may result from the use of artificial intelligence technology (“AI”) in the workplace. While some jurisdictions have already enacted requirements and restrictions on the use of AI decision making tools in employee selection methods,[1] on May 18, 2023, the EEOC updated its guidance on the use of AI for employment-related decisions, issuing a technical assistance document titled “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” (“Updated Guidance”). The Updated Guidance comes almost a year after the EEOC published related guidance explaining how employers’ use of algorithmic decision-making tools may violate the Americans with Disabilities Act (“ADA”). The Updated Guidance instead focuses on how the use of AI may implicate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Particularly, the EEOC focuses on the disparate impact AI may have on “selection procedures” for hiring, firing, and promoting.Continue Reading The Use of Artificial Intelligence in Employee Selection Procedures: Updated Guidance From the EEOC

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or employees who legally use opioid medications or who have a history of addiction to opioids.  The guidance is not new policy; rather, the guidance applies principles already established under both the ADA and previously-issued EEOC guidance.
Continue Reading EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

On March 27, 2020, the EEOC released a webinar addressing frequently asked employer questions regarding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”), during the COVID-19 pandemic (the “Webinar”).  The Webinar reviewed a number of important issues for employers to understand to avoid running afoul of the above-listed statutes during the pandemic.  Key takeaways from the Webinar, organized by topic, are summarized below.
Continue Reading EEOC Issues New COVID-19 Guidance For Employers

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title III of the Americans with Disabilities Act (“ADA”). The typical allegation in such cases is that the plaintiff could not read the website and, as a result, could not access the goods and services offered by the company. These private plaintiffs have taken advantage of the current ambiguity in the law to bring multiple lawsuits. At least two ADA website accessibility claims are on appeal before the Ninth and Eleventh Circuits to hopefully provide clarity to covered entities on what current obligations, if any, they have to make their websites accessible to persons with disabilities.
Continue Reading Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

The Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a long-term leave of absence, particularly one extending beyond the twelve weeks of leave guaranteed by the Family and Medical Leave Act (“FMLA”), does not warrant protection under the Americans with Disabilities Act (“ADA”).

Raymond Severson was terminated from his job as a fabricator at Heartland after he exhausted his 12-week medical leave under the FMLA and requested to remain off work for several additional months to recover from back surgery. Severson sued Heartland under the ADA, arguing Heartland failed to provide him with a reasonable accommodation—namely, a three-month leave of absence following the expiration of his FMLA leave.
Continue Reading Seventh Circuit Holds Long-Term Leave is Not a Reasonable Accommodation Under the ADA