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Taylor A. McCann is an Associate in the firm’s New York office and a member of the firm’s Labor and Employment and Litigation group.

Ms. McCann focuses her legal practice on complex commercial litigation as well as labor and employment in federal and state courts at both the trial and appellate court levels.

On August 12, 2022, the Seventh Circuit held Wal-Mart Stores East LP did not discriminate against pregnant employees by failing to offer them light duty under its Temporary Alternate Duty policy (“TAD Policy”).

Continue Reading Walmart’s Policy to Exclude Pregnant Employees from Temporary Light Duty Assignments Was Not Discriminatory

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance for the workplace, most notably, its guidance regarding COVID-19 testing of employees. Prior to last week, the EEOC took the position that mandatory COVID-19 testing would always be “job related and consistent with business necessity” – a requirement for permissible medical examinations under the Americans with Disabilities Act (ADA).  Given the evolving nature of the pandemic, the EEOC has changed course and has determined that employers now must make an individualized assessment as to whether current pandemic and workplace circumstances justify mandatory testing of employees to prevent workplace transmission of COVID-19.  In other words, employers can no longer simply assume that mandatory COVID-19 viral testing of employees is lawful under the ADA.

Continue Reading The EEOC Issues Updated Guidance on COVID-19 Testing