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Category: Publications

Preexisting Disabilities, Remote Work, the ADA, and COVID-19

Thu September 24, 2020 Publications

            The Americans with Disabilities Act (the “ADA”) requires that employers provide employees who have disabilities with reasonable accommodations. The Covid19 pandemic has complicated ADA compliance when employees with preexisting disabilities that present a greater risk of illness or death request reasonable accommodations—usually in the form of remote work.             […]

Health Care Practitioners Exposed to COVID-19 – CDC Guidance

Mon July 13, 2020 Publications

The CDC has issued specialized guidance on employers’ obligations when health care practitioner (HCP) employees are exposed to COVID-19. The guidance covers obligations related to four different circumstances: The HCP is exposed without adequate personal protection equipment; The HCP is symptomatic and returns to work; An infected HCP returns to […]

What Free Speech? Social Media Pitfalls for Public Employees

Tue June 30, 2020 Publications

On July 6, 2016, the aftermath of Philando Castile’s shooting by a Minnesota police officer was live-streamed on Facebook. The next day, Anthony Venable, an officer with the Metropolitan Nashville and Davidson County Police Department (MNPD), posted a number of comments in a Facebook conversation including: “Yeah, I would have […]

What to Do When an Employee Tests Positive for COVID-19

Mon June 29, 2020 Publications

This checklist for employers is based on recently issued guidance from CDC, OSHA, and EEOC on how to respond upon learning an employee is infected with COVID-19. 1. Maintain the employee’s confidentiality. Do not identify to others the infected employee’s name or other identifying information. Confidentiality is required by the […]