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World Health Organization Declares COVID-19 to be a Pandemic

Client Alert | 1 min read | 03.11.20

The World Health Organization has announced its determination that COVID-19 is a pandemic. At a press briefing on Wednesday, March 11, 2020, Dr. Tedros Adhanom Ghebreyesus, director-general of the WHO announced that this is the first time the WHO has declared a pandemic as a result of a coronavirus outbreak. The announcement does not change the WHO’s assessment of the threat posed by COVID-19, nor does it require new WHO public health recommendations.

The WHO announcement means that U.S. employers now have additional flexibility to take measures to mitigate the spread of the virus. Guidance issued in 2009 by the Equal Employment Opportunity Commission (EEOC) in response to the ‘swine flu’ outbreak authorizes employers to be more aggressive in responding to a pandemic, notwithstanding the obligations of the Americans with Disabilities Act. The EEOC guidance suggests that employers may be able to conduct certain types of testing and make more direct inquiries to their employees, as part of a containment plan.

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Client Alert | 2 min read | 04.29.25

President Trump Issues Executive Order Deprioritizing Disparate Impact Theory of Discrimination

On April 23, 2025, President Trump signed an executive order, Restoring Equality of Opportunity and Meritocracy, declaring it the policy of the United States “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the constitution, Federal civil rights laws, and basic American ideals.” The order reasons that “disparate impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.”...