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Employee Rights Disability Discrimination

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
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

Dechert LLP

The Employment Edit - Issue 5 - Spring 2023

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Welcome to the fifth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative...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

Littler

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Considerations

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On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...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

U.S. Equal Employment Opportunity Commission...

Agri-AFC, LLC to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee After Learning of His Pre-Existing Back Condition, Federal Agency Charged - JACKSON, Miss. – Agri-AFC, LLC, an agricultural retailer which operates 21 retail locations throughout Alabama, Florida,...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

U.S. Equal Employment Opportunity Commission...

Main Event Entertainment Will Pay $40,000 to Resolve EEOC Disability Discrimination and Retaliation Charge

CLEVELAND — Main Event Entertainment, Inc., an entertainment and dining establishment in Avon, Ohio, will pay $40,000 and furnish equitable relief to settle a disability discrimination and retaliation charge filed with the...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Blue Sky Vision for Disability Discrimination

Employer's Unlawful Inquiry and Termination of Employee Violated the ADA, Federal Agency Says - DETROIT -- Blue Sky Vision, L.L.C., a Delaware-based management services organ­ization that provides support to eye care...more

Pullman & Comley - Labor, Employment and...

Coronavirus and the Workplace: Employers Considering Taking Employees’ Temperatures at Work Should Proceed with Caution

Most employers are making efforts to ensure that sick employees do not come to work.  Because a fever may be a symptom of infection with the Coronavirus (“COVID-19”), some employers are considering taking their employees’...more

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