Disability Discrimination

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Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as the “Ex. Order”). Among other things, the Ex. Order directs federal agencies “to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” However, as pointed out by many legal commentators and at least one federal district court, the Ex. Order conspicuously does not define what constitutes an “illegal DEI preference or program.” Continue Reading The DOJ and EEOC Move Forward With Enforcement Of The President’s Executive Order 14173 (aka ANTI-DEI ORDER) 

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.
Continue Reading The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.”

Essentially, the guidance reiterates that an employer may not discriminate against an applicant or employee under federal law on the basis of protected classes such sex (including pregnancy, sexual orientation, or gender identity), race, color, religion, national origin, age (40 or older), disability or genetic information.  However, the purpose of the guidance is to illustrate how discrimination on the basis of a protected class can occur, possibly even inadvertently, if employers make assumptions and decisions based on an applicant’s or employee’s caregiving obligations due to the Covid-19 pandemic.
Continue Reading The EEOC’s New Guidance Says Discrimination Against “Caregivers” May Violate Federal Law

Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training schedule is now available. Click here for a copy of the schedule.
If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: 
Ramona Carrillo 
(916) 558-6046.

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown.  A recent audit by the U.S. Department of Labor Office of Inspector General (“OIG”) confirms that some of those types of claims already are…