What's the Tea in L&E? Injury or Disability: What's the Difference?
DE Under 3: Disability Unemployment, Cornell ILR & USDOL Women's Bureau Webinar Series & More
#BigIdeas2020: Open Discussion of Mental Health in the Workplace - Employment Law This Week® - Trending News
“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA
Employment Law Issues for Health Care Employers
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
Upcoming Affirmative Action Plan Requirements for Federal Contractors and Subcontractors
Navigating the New OFCCP Regulations on Affirmative Action Obligations: Make Sure Your Organization is Ready
Polsinelli Podcast - What Employers Need to Know About Obesity in the Workplace
Accessibility concerns for disabled condo owners
Accessibility Concerns for Disabled Condo Owners
The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more
Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more
Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more
In 2008, Congress amended the Americans with Disabilities Act to expand the definition of medical conditions that qualify for protections under that statute. The amendments resulted from a number of federal court decisions...more
To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more
As we celebrate Disability Pride Month this July, it’s essential to reflect on the purpose and significance of this important observance. Disability Pride Month is a time to honor the achievements, history, and contributions...more
Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more
The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more
If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for...more
New York’s proposed budget bill points toward significant changes in employee leave rights in the coming year. Repeal of NY COVID Paid Sick Leave Law - New York – the last state in the country still requiring all...more
When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more
This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more
On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023). The...more
That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more
In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with...more
In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more
On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more
Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more
Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...more