HSB Blog
HSB Webinar Announcement: FMLA and ADA Compliance
March 13, 2025
Click here to view a recording of this complimentary webinar presented by HSB's Employment Law team.HSB Webinar Announcement: Employer Considerations When Handling FMLA Leave and ADA Accommodation Requests
March 09, 2023
Click here to view a recording of this complimentary webinar presented by HSB’s Employment Law team.AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers
June 27, 2022
Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have determined employers using AI in the hiring process may be discriminating against disabled applicants and employees. On May 12, 2022, the DOJ and EEOC issued technical guidance to employers on the use of AI and the steps employers should take to prevent discrimination.HSB DEI Webinar Series: Creating an Inclusive Workplace for Disabled Employees
September 02, 2021
The next two webinars in our DEI series will focus on what employers can do to create an inclusive and equitable workplace for disabled employees, addressing the legal requirements under the Americans with Disabilities Act (ADA) requirements, offering anecdotal experience from industry leaders as to the value brought to a company employing disabled employees, and resources for types of accommodations that may be considered.Should Employers implement mandatory COVID-19 vaccination policies?
December 10, 2020
Vaccines and health screenings are medical examinations under the Americans with Disabilities Act (ADA). An employer requiring a vaccine must do so for a legitimate business reason or as required to protect the workplace under analysis of the ADA’s "direct threat" standard.Court's Ruling Requiring the EEOC to Reconsider Its "Wellness" Regulations
August 30, 2017
The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that any reward or penalty renders participation involuntary.
Does Out of Office Really Work?
June 02, 2015
The EEOC and, subsequently, the Court, supplanted its judgment for an employer’s as to whether physical presence at the office was an essential function of a reseller’s job, determining that a reseller should be permitted to telecommute several days a week despite the fact that the job description required physical presence at the office.Can I Ask About This? Interview Do's and Don'ts
May 05, 2015
Inappropriate interview questions create a risk of discrimination claims under various state and federal anti-discrimination laws. (For example, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, as amended by the Americans with Disabilities Amendments Act.) Therefore, when interviewing an applicant for a job, you must avoid questions relating to race, sex, national origin, age, pregnancy, religion and disability, which are irrelevant as to whether he or she is qualified for the job.PART TWO - Wellness Programs and the ADA: I disagree with the EEOC...
April 01, 2015
Prior to the EEOC’s lawsuit against Orion Energy Systems, Inc., filed on August 20, 2014 in federal court in Green Bay, WI, the EEOC had only commented on the validity of wellness programs under the ADA twice and then only in its informal discussion letters.PART ONE - Wellness Programs and the ADA: I disagree with the EEOC...
March 23, 2015
I disagree with the EEOC - an employer does not violate the Americans with Disabilities Act (ADA) by offering health insurance premium discounts to those who participate in its wellness program.