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Employer Liability Issues Light-Duty Positions

Goldberg Segalla

[Webinar] Mitigating Workers’ Compensation Exposure for New York Employers - November 3rd, 11:00 am - 12:00 pm EDT

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In workers’ compensation, it may seem like the deck is stacked against the employer. However, there are still plenty of ways to mitigate your exposure. Join Goldberg Segalla partner Philip Unwin for this complementary webinar...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

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In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Parker Poe Adams & Bernstein LLP

Federal Court Upholds Employer's Ability to Limit Light Duty to Workers' Comp Situations

​​​​​​​In Young v. United Parcel Service, the U.S. Supreme Court held that an employer’s light duty program that excludes workers with pregnancy limitations can violate federal pregnancy discrimination laws. However, the...more

Sherman & Howard L.L.C.

Key to Light Duty Accommodation Policies Is to Not Make Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that Walmart did not violate the Pregnancy Discrimination Act (“PDA”) in declining to extend its light duty policy to pregnant employees, largely because it...more

Ballard Spahr LLP

Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC

Ballard Spahr LLP on

The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more

Bricker Graydon LLP

Managing workers’ compensation claim costs: Newton’s First Law of Motion and the light duty offer

Bricker Graydon LLP on

If an employee has been injured at work, oftentimes they will not be able to return to their former position. Ohio Workers’ Compensation laws define the inability of an injured worker to return to their former position of...more

Seyfarth Shaw LLP

11th Circuit to Employers: Heed Your FMLA Obligations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Jackson Lewis P.C.

Don’t Forget About Unpaid Leave As A Possible Reasonable Accommodation In Manufacturing

Jackson Lewis P.C. on

Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face. If the employee’s...more

Poyner Spruill LLP

EEOC Settlement of Pregnancy Discrimination Charge Highlights Right to Accommodation

Poyner Spruill LLP on

On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wal-Mart For Pregnancy Discrimination

Menonomie, Wisconsin Distribution Center Refused to Keep Pregnant Workers on the Job Working Light Duty, Federal Agency Charges - MADISON - Wal-Mart violated federal law when it refused to accommodate workers'...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simplicity Ground Services For Pregnancy Discrimination

Pregnant Employees Forced on Unpaid Leave After Reporting Pregnancies, Federal Agency Charges - DETROIT - Simplicity Ground Services, P.C., an airline-ramp and cargo-handling company in Detroit, violated federal law by...more

U.S. Equal Employment Opportunity Commission...

Silverado to Pay $80,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Residential Care Provider Refused to Put Pregnant Worker on Light Duty and Fired Her Instead, Federal Agency Had Charged - MILWAUKEE, Wis. - Silverado, a network of memory care, at-home care, and hospice care centers,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Robinson & Cole LLP

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

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The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

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