[Webinar] How to Best Ensure ADA Compliance for Your Property’s Website

On Wednesday, September 21, 2022 at 1 p.m. EST, join Jordan B. Schwartz and Megan S. Shaked for a webinar regarding How to Best Ensure ADA Compliance for Your Property’s Website.

Another year has gone by, and yet the lawsuits filed against hotels and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”) continues to increase. We still see hundreds of lawsuits filed each month against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. Many of these lawsuits continue to allege that Online Travel Agencies (“OTAs”) such Expedia, Hotels.com, or Orbitz fail to provide information about the accessible amenities of the hotel, including its rooms, to individuals with disabilities, or fail to allow an individual with a disability to book an accessible guestroom. While it may seem counterintuitive that a Hotel would be responsible for the information provided on the OTAs website, that often is the case.

A ton of ADA lawsuits also continue to be filed every day alleging that hotel websites cannot be used by individuals with visual or hearing impairments (in particular websites that utilize PDFs). Thus, it is extremely important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

During this webinar, participants will learn about: Continue reading

A Chat with EEOC Commissioner Keith Sonderling: Artificial Intelligence in the Workforce in 2022 and Beyond [Recording]

​On Tuesday, June 7, 2022, Kara Maciel and Jordan Schwartz presented a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.

Presented by
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling

On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading

[Panel Webinar] A Chat with EEOC Commissioner Keith Sonderling: Artificial Intelligence in the Workforce in 2022 and Beyond

​Join Kara Maciel and Jordan Schwartz on Tuesday, June 7th at 2 PM ET for a very special bonus event in Conn Maciel Carey’s 2022 Labor and Employment Webinar Series in the form of a panel webinar program regarding The Impact of Artificial Intelligence on the Workforce in 2022 and Beyond.

Presented by
Conn Maciel Carey LLP with Special Guest
EEOC Commissioner Keith Sonderling

On May 12, 2022, the EEOC issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It’s no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have Continue reading

Religious and Disability Accommodations in Response to COVID-19 Mandates [Webinar Recordings]

On Thursday, April 7, 2022, Andrew J. Sommer and Lindsay A. DiSalvo presented a webinar regarding Religious and Disability Accommodations in Response to COVID-19 Mandates.

Employee requests for medical and/or religious accommodations in the workplace are not new. However, never before have these accommodation requests been such a hot-button topic, nor have these accommodation requests been used so frequently (and in particular, religious accommodation requests). The imposition of COVID-19 vaccine mandates has changed that, particularly with regard to religious accommodation requests, which has become the ultimate “gray area,” as both employers and employees alike have learned that sincerely held religious belief can include an employee’s religious-based objection to vaccinations. As a result, the Equal Employment Opportunity Commission (“EEOC”) has issued guidance regarding the obligations of employers under Title VII when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy, which actually builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. Thus, there are multiple issues that employers need to keep in mind and juggle when addressing these vaccination accommodation requests.

Participants in this webinar learned how to best deal with such requests by their employees, including: Continue reading

Conn Maciel Carey’s 2022 Labor and Employment Webinar Series

2022 LE Webinar Series

Announcing Conn Maciel Carey’s 2022 Labor and Employment Webinar Series

The legal landscape facing employers seems as difficult to navigate as it has ever been.  Keeping track of the ever-changing patchwork of federal, state and local laws governing the workplace may often seem like a full-time job whether you are a human resources professional, in-house attorney or  business owner.  Change appears to be the one constant.  As we enter Year 2 of President Biden’s Administration, employers will continue to closely track the changes taking place at the NLRB, the DOL and the EEOC.  At the same time, a number of states will continue introducing new laws and regulations governing workplaces across the country, making it more important than ever for employers to pay attention to the bills pending in the legislatures of the states where they operate.

​Conn Maciel Carey’s complimentary 2022 Labor and Employment Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by attorneys in the firm’s national Labor and Employment Practice, will focus on a host of the most challenging and timely issues facing employers, examining past trends and looking ahead at the issues most likely to arise.

To register for an individual webinar in the series, click on the link in the program description below. To register for the entire 2022 series, click here to send us an email request, and we will register you.  If you missed any of our programs from the past seven years of our annual Labor and Employment Webinar Series, here is a link to an archive of recordings of those webinars. 

2022 Labor and Employment Webinar Series – Program Schedule

Continue reading

Employment Law Implications of the OSHA ETS: Paying for COVID-19 Testing

By Conn Maciel Carey’s COVID-19 Taskforce

As the OSHA COVID-19 Vaccination and Testing emergency temporary standard (“ETS”) works its way through the courts in pending legal challenges, employers are still scrambling to position themselves in the event the ETS goes back into effect.  (Review our Employer Defense Report and OSHA Defense Report for full background on the ETS and the most recent updates on its current status.)  A key issue to consider is the cost of testing.

Background

Should the ETS go back into effect, employers with 100 or more employees must implement a program to facilitate (1) a COVID-19 vaccination requirement for all employees (known as a “hard mandate”) or (2) a combination of a COVID-19 vaccination requirement and weekly testing, plus face covering requirement, for those employees who choose not to get vaccinated (known as a “soft mandate”).  Under this soft-vaccine mandate, an employee may only report to the workplace after demonstrating either: proof of being fully vaccinated; or for employees who do not get vaccinated or decline to share their vaccination status, proof of a negative COVID-19 test result from within the last week.  Employees who are not fully vaccinated must also wear face coverings when indoors and when occupying a vehicle with another person for work purposes.

Under the ETS, a COVID-19 test must be: Continue reading

The State of the Law Regarding Marijuana, Drug Testing and Background Checks [Webinar Recording]

On July 13, 2021, Dan Deacon, Aaron Gelb, and Ashley D. Mitchell presented a webinar regarding “The State of the Law Regarding Marijuana, Drug Testing and Background Checks”.

CaptureThe green wave continued to roll through America during 2020, as several new jurisdictions legalized marijuana in some form. However, new regulatory developments regarding medical and recreational marijuana have created a host of compliance concerns for employers. 35 states and the District of Columbia have passed legislation giving medical marijuana usage the green light. Fifteen states and the District of Columbia have legalized recreational marijuana. Several states have also enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. Although marijuana is currently still illegal under federal law, for the first time in fifty years, a bill was introduced in the U.S. House of Representatives to remove marijuana from the Schedule I controlled substances list in the Controlled Substances Act. In sum, it seems to be only a matter of time before marijuana is legalized in some form throughout the entire country.

This webinar explored the changing legal landscape concerning marijuana, analyzed potential issues related to zero-tolerance policies, and reviewed tips for developing effective drug testing and background check policies. More specifically, participants learned: Continue reading

EEOC Updates COVID-19 Vaccination Guidance

By Conn Maciel Carey’s COVID-19 Task Force

Last week, Conn Maciel Carey posted a blog article about How to Navigate the Thorny Legal Landscape Around Employee Vaccination Status.  One of the observation in that article was that we were all on the edge of our seats waiting for the EEOC to issue promised guidance about employer incentives and mandates about the COVID-19 vaccination.  On Friday, the EEOC finally issued much-anticipated updated FAQs about the legal landscape of various employer vaccinations policies.

Here is a summary of the vaccine section of the guidance:

May employers ask employees about vaccination status under federal law?  See FAQs K9, K5, K15, K16, K18, K19

  • Yes – does not violate ADA or GINA.
  • However, employer should not ask “why” an employee is unvaccinated, as this could compel the employee to reveal disability information that is protected under the ADA and/or GINA.
  • Recommended practice: If employer requires documentation or other confirmation of vaccination, “notify all employees that the employer will consider requests for reasonable accommodation based on disability on an individualized basis.”

Is vaccination information “confidential” under the ADA?  See FAQ K4

  • Yes, this includes documentation (i.e., the white vaccination card)  or “other confirmation” of vaccination, which we presume means any self-attestation form or email from the employee, as well as any record, matrix, spreadsheet, or checklist created by the employer after viewing employees’ vaccination cards or receiving a verbal confirmations from employees.
  • The records or information must be kept confidential and stored separately from employee personnel files.

How may employers encourage employees and family members to get vaccinated?  See FAQ K3 Continue reading

ADA Website Compliance Issues – Best Strategies for Employers [Webinar Recording]

On Tuesday, May 18, 2021, Jordan B. Schwartz and Megan S. Shaked presented a webinar regarding ADA Website Compliance Issues – Best Strategies for Employers.

CaptureThe pandemic has not decreased the number of lawsuits filed against businesses, hotels, and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”). Indeed, dozens of lawsuits continue to be filed daily against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. In a relatively new twist, many of these lawsuits now also allege that hotels are fully liable for the failure of Online Travel Agencies such as Orbitz or Expedia to provide information on their website about the accessible amenities of the hotel, including its guestrooms, or to allow an individual with a disability to book an accessible guestroom.

While many ADA lawsuits also continue to be filed alleging that hotel websites cannot be used by individuals with visual or hearing impairments, there is positive news in that regard, Continue reading

[Webinar] ADA Website Compliance Issues – Best Strategies for Employers

On Tuesday, May 18, 2021 at 1:00 p.m. EST, join Jordan B. Schwartz and Megan S. Shaked for a webinar regarding ADA Website Compliance Issues – Best Strategies for Employers.

CaptureThe pandemic has not decreased the number of lawsuits filed against businesses, hotels, and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”). Indeed, dozens of lawsuits continue to be filed daily against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. In a relatively new twist, many of these lawsuits now also allege that hotels are fully liable for the failure of Online Travel Agencies such as Orbitz or Expedia to provide information on their website about the accessible amenities of the hotel, including its guestrooms, or to allow an individual with a disability to book an accessible guestroom.

While many ADA lawsuits also continue to be filed alleging that hotel websites cannot be used by individuals with visual or hearing impairments, there is positive news in that regard, as a recent business-friendly ruling out of the Eleventh Circuit Court of Appeals may make it more difficult for plaintiffs to bring claims against companies for inaccessible websites. That being said, this ruling conflicts with rulings from other circuits that reach the opposite conclusion and thus, a supreme court review of this issue may be brewing. Regardless, it remains important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.

Unfortunately, there is no sign that ADA lawsuits are slowing down. On the contrary, serial plaintiffs continue to file dozens of these lawsuits each and every day. This presentation will present practical tips and cost-effective strategies for managing the risk of ADA-related litigation in this ever-evolving area of the law.

Participants in this webinar will learn:

Continue reading