Reasonable Accommodation

News & Analysis as of

Pregnancy Discrimination Is Focus of EEOC’s Updated Enforcement Guidance

On July 14, the U.S. Equal Employment Opportunity Commission (EEOC) released enforcement guidance on pregnancy discrimination and related issues, its first comprehensive update in 30 years. The guidance covers the...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act’s interaction with the ADA and other laws. ...more

Baby on Board: The EEOC's Updated Enforcement Guidance on Pregnancy Discrimination

On July 14, the Equal Employment Opportunity Commission issued updated enforcement guidance on pregnancy discrimination and related issues. "In addition to addressing the requirements of the Pregnancy Discrimination Act...more

EEOC Enforcement Guidance on Pregnancy Discrimination Adds ADA Duties of Reasonable Accommodation

On July 14, 2014, the EEOC issued its long-anticipated Enforcement Guidance on Pregnancy Discrimination and Related Issues (the Guidance), which, according to Commissioner Lipnic, "adopts new and dramatic substantive changes...more

EEOC Issues Pregnancy Discrimination Enforcement Guidance

The guidance was issued over steep objection from two commission members and raises questions about its statutory authority and timing....more

Should telecommuting be a reasonable accommodation?

Increased use of telecommuting reflecting flexibility in the workplace has been the trajectory for many businesses, especially those in technology markets. Then Yahoo CEO Marissa Mayer decided to take a very different stance...more

Pregnancy Guidance Seems to Require Light Duty For All

The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,” the...more

New EEOC Guidance on Pregnancy Discrimination

On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses. ...more

EEOC Issues New Pregnancy Discrimination Guidelines

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC), in a split decision, issued new guidelines regarding its enforcement of pregnancy discrimination laws. Although the guidance should be carefully reviewed,...more

PDA and Young: Pregnancy Discrimination Law to Break from Its Infancy

On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more

The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues

The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday — the first time it’s done so in more than 30 years. ...more

New EEOC Guidance Expands Protection for Pregnant Employees

The EEOC has issued new guidance on the reach of the Pregnancy Discrimination Act ("PDA"), and, not surprisingly, taken a very expansive view of the protections to be afforded pregnant employees....more

EEOC Issues Guidance On Pregnancy Discrimination And Accommodation

I plan to write more about this later in the week, but today the EEOC issued an Enforcement Guidance, Q&A, and Fact Sheet on pregnancy discrimination and accommodation. Much of the Guidance reiterated the law as we had always...more

Employment Law: The Devil is in the Details

Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more

Federal Appellate Court Finds Employer Provided Reasonable Accommodation To Disabled Employee, Even Though It Did Not Provide The...

A federal appellate court upheld the dismissal of a lawsuit alleging that a Dairy Queen franchisee failed to reasonably accommodate a blind employee under the Americans with Disabilities Act (ADA). In Bunn v. Khoury...more

The Washington Supreme Court Mandates New Obligations for Employers Under State Law to Accommodate Employees’ Religious Beliefs

In a dramatic shift in Washington state law on accommodating religious beliefs, the Washington Supreme Court’s decision in Kumar v. Gate Gourmet, Inc. recognized, for the first time, that the Washington Law Against...more

Polsinelli Podcasts - Best Kept Secrets of the Americans WIth Disabilities Act [Video]

It may be one of the best kept secrets impacting employers. Amendments to the Americans With Disabilities Act now means extended leave beyond the Family and Medical Leave Act is considered reasonable for employees under the...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Bypass ADA Interactive Accommodation Process At Your Peril

Discrimination claims are expensive to defend. If they reach a jury, the results are often unpredictable. That’s one reason employers need to do everything within their power to preserve the option to file a motion for...more

Employers May Now Have To Provide Employees With The Added Comfort Of Working From Home

The Sixth Circuit Court of Appeals has put employers on notice that they may need to accommodate employees with disabilities by allowing them to work remotely from home, forcing employers to reconsider whether a physical...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 46: How To Deal With Employees Using...

Fifty years ago when Title VII became law and 23 years ago when the Americans with Disabilities Act became law, it would be inconceivable that someone would be blogging about accommodating employees by allowing them to smoke...more

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