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Daily Archives: June 2, 2021

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

  • “All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus.
  • The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries), Title VII of the Civil Rights Act (which prohibits discrimination based on race, color, national origin, religion, and sex, including pregnancy), the Age Discrimination in Employment Act (which prohibits discrimination based on age, 40 or older), and the Genetic Information Nondiscrimination Act. Note: Other federal laws, as well as state or local laws, may provide employees with additional protections.
  • Title I of the ADA applies to private employers with 15 or more employees. It also applies to state and local government employers, employment agencies, and labor unions. All nondiscrimination standards under Title I of the ADA also apply to federal agencies under Section 501 of the Rehabilitation Act. Basic background information about the ADA and the Rehabilitation Act is available on EEOC’s disability page.
  • The EEO laws, including the ADA and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety. Many common workplace inquiries about the COVID-19 pandemic are addressed in the CDC publication “General Business Frequently Asked Questions.”
  • The EEOC has provided guidance (a publication entitled Pandemic Preparedness in the Workplace and the Americans With Disabilities Act [PDF version]) (“Pandemic Preparedness”), consistent with these workplace protections and rules, that can help employers implement strategies to navigate the impact of COVID-19 in the workplace. This pandemic publication, which was written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic. It has been updated as of March 19, 2020 to address examples and information regarding COVID-19; the new 2020 information appears in bold and is marked with an asterisk…”

The All-Seeing Eyes of New York’s 15,000 Surveillance Cameras

Wired – “Video from the cameras is often used in facial-recognition searches. A report finds they are most common in neighborhoods with large nonwhite populations. A new video from human rights organization Amnesty International maps the locations of more than 15,000 cameras used by the New York Police Department, both for routine surveillance and in… Continue Reading

The Limits of Law and AI

McCarl, Ryan, The Limits of Law and AI (March 16, 2021). University of Cincinnati Law Review, Vol. 90, No. 3, 2022, Available at SSRN: https://ssrn.com/abstract=3805453 “For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which tasks performed by lawyers and judges can be assisted by computers.… Continue Reading

The Elephant in the Virtual Law Classroom: Different Perspectives but a Common Loss

Perez, Tiffany, The Elephant in the Virtual Law Classroom: Different Perspectives but a Common Loss (May 1, 2021). Compliance Elliance Journal 2021 , Available at SSRN: https://ssrn.com/abstract=3850327 or http://dx.doi.org/10.2139/ssrn.3850327 “Due to the COVID-19 pandemic, law schools had to pivot to virtual legal education quickly. In the wake of the pandemic, scholars have eagerly written about… Continue Reading

Patent Law: An Open-Source Casebook (Entire Book)

Janis, Mark David and Sichelman, Ted M. and Allison, John R. and Cotter, Thomas F. and Cotropia, Christopher Anthony and Karshtedt, Dmitry and Lefstin, Jeffrey A. and Rantanen, Jason and Taylor, David O. and Tu, Shine (Sean), Patent Law: An Open-Source Casebook (Entire Book) (May 6, 2021). UC Hastings Research Paper, Forthcoming, Available at SSRN:… Continue Reading

The World’s Northernmost Town Is Changing Dramatically

Scientific American – Climate change is bringing tourism and tension to Longyearbyen on the Norwegian archipelago of Svalbard. “…The consequences are extensive. The thawing permafrost, which can heave or slump, has ruptured roads and exposed the macabre contents of old graves. Extremely windy, heavy snowstorms—once rare—have triggered deadly avalanches on the mountain slopes looming above… Continue Reading

Robert Mueller Will Share Lessons From Special Counsel Investigation During UVA Law Course

University of Virginia School of Law: “Robert S. Mueller III ’73 will participate in a University of Virginia School of Law course taking students inside the investigation that dominated headlines during the Trump administration. Taught by Aaron Zebley ’96 and two other former senior members of Mueller’s team, the course will offer an inside look at… Continue Reading

NYC’s Subway Operator and Martha’s Vineyard Ferry Latest to Report Cyberattacks

WSJ (paywall / no paywall): “Revelations of cyberattacks on transportation systems in New York and Massachusetts heightened concerns about the threat to U.S. businesses and essential services Wednesday, after hackers held hostage the world’s largest meat processor this week. An attack on JBS SA, the world’s biggest meat company by sales, upended U.S. meat supplies… Continue Reading

Opinion: A frantic warning from 100 leading experts

Washington Post Opinion by Greg Sargent – Our democracy is in grave danger: “…Our entire democracy is now at risk,” the scholars write in the statement, which I obtained before its release. “History will judge what we do at this moment.” And these scholars underscore the crucial point: Our democracy’s long-term viability might depend on whether… Continue Reading