News & Analysis as of

Disability Discrimination Employee Rights Employer Liability Issues

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Mayer Brown

Guide to Discrimination Law in Hong Kong

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Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

BCLP

UK HR Two Minute Monthly: September 2023

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Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

Seyfarth Shaw LLP

Colorado Peculiarities

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Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Seyfarth Shaw LLP

Court Provides Guidance Regarding Employer Vaccine Mandates

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Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

FordHarrison

What Tiger Woods’ Foot Can Teach Employers About Managing Employees’ Medical Conditions

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Golfing icon Tiger Woods had to withdraw from the Masters tournament in Augusta, Georgia, last week due to a painful foot condition called plantar fasciitis (which causes a stabbing pain in the heel or foot).  Video footage...more

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

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In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

FordHarrison

FMLA and a Winning First Step Towards Addressing Mental Health in the Workplace

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A New Era of Awareness - As the world and its workforce attempts to reconcile the effects of COVID-19, mental health in the workplace has become a hot topic. According to the World Health Organization (WHO), the COVID-19...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

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Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grady Memorial Hospital for Disability Discrimination

Atlanta Hospital Refused to Accommodate Employee’s Disability and then Fired Her, Federal Agency Charges - ATLANTA – Grady Memorial Hospital Corporation, a public hospital in Atlanta, violated federal law by failing to...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

FordHarrison

Naomi Osaka Shines Further Light on Mental Health Issues in the Workplace

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Tennis star Naomi Osaka is not the first high-profile professional athlete to put mental health front and center in the public realm, but considering the timing and today’s climate, she may become the most significant.  ...more

McNees Wallace & Nurick LLC

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

The answer to this question is . . . it depends.  Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

Hogan Lovells

Top 10 things biotech employers need to know about COVID-19 vaccines and returning to the office

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On February 2, Hogan Lovells partners Melissa Bianchi, David Horowitz, and George Ingham presented a webinar to the Biotechnical Innovation Organization (BIO) on “What Biotech Employers Need to Know about COVID Vaccines and...more

Bodman

Workplace Law Lowdown | Can Employers Require a COVID-19 Vaccine?

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Every day Americans are promised an end to this pandemic through the advent of an all hallowed vaccine. As this day draws nearer, questions for employers become more eminent—how (and whether) to administer a vaccine...more

U.S. Equal Employment Opportunity Commission...

City of Hammond to Pay $80,750 to Resolve EEOC Disability Discrimination Finding

City Improperly Subjected Employees to a Comprehensive Medical Exam, Federal Agency Charged - HAMMOND, Ind. – The U.S. Equal Employment Opportunity Commission (EEOC) and the City of Hammond, located in Indiana, reached a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Hogan Lovells

Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more

Hogan Lovells

Employment News: sexual harassment, bereavement leave, disability

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Continuing focus on sexual harassment - The EHRC has published technical guidance on sexual harassment and harassment at work, while the Government Equalities Office launched a survey on people's experience of sexual...more

Verrill

2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed - Mental Health and Employment Law now and in 2020

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The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety...more

Seyfarth Shaw LLP

New Jersey Governor Clears the Medical Cannabis Haze

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Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more

Fisher Phillips

Web Exclusive: June 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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