Reasonable Accommodation

News & Analysis as of

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

New York State’s New Pregnancy Accommodation Law Takes Effect

As of January 19, 2016, the Protect Women from Pregnancy Discrimination bill is in effect in New York. The bill, which was signed by New York State Governor Andrew Cuomo in October 2015, requires employers to provide...more

Employment Law Commentary, January 2016

Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website....more

The Zika Virus: Frequently Asked Questions for Employers

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed.  Employers may wonder if they have obligations to protect or accommodate employees under...more

New Employment Laws for California Public Employers

As in years past, 2016 brings important changes to employment laws in California — a state that continues to be a challenging environment for employers. Employment issues ranging from healthy workplaces and gender...more

New York: Women’s Equality Act Legislation

In 2013, Governor Cuomo proposed multiple pieces of legislation, dubbed the Women’s Equality Act (“WEA”), to protect and further women’s equality in New York state. The legislation has been signed and became effective last...more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

Don't Get Lost in the Weeds: Medical Marijuana is Now Legal in New York

On January 6, 2016, the Commissioner of Health of the State of New York certified that the medical marijuana program established by New York’s Compassionate Care Act could be implemented in accordance with public health and...more

Can You Fire An Employee Who Has Exhausted FMLA Leave?

An employee of yours goes out on medical leave. Suppose that you only have to abide by the federal FMLA law. After 12 weeks, the employee is still out. Can you simply fire the employee?...more

P.H. Glatfelter to Pay $180,000 to Settle EEOC Disability Discrimination Lawsuit

Paper Manufacturer Screened Out Individuals With Disabilities Based on Unlawful Qualification Standard, Federal Agency Said - PHILADELPHIA - P.H. Glatfelter Company, a global paper manufacturer headquartered in York,...more

Federal Court Finds Employee’s Explanation for Failed Drug Test Insufficient to Provide Notice of a Disability

Most employers are well aware that, under state and federal disability laws, an employee with a disability is entitled to reasonable accommodations in the workplace. What can sometimes be less clear for employers is...more

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

Understanding New York Regulations Regarding Prohibited Discrimination on the Basis of Gender Identity, Transgender Status, or...

New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria. Both...more

New California Employment Laws of Particular Interest to the Hospitality Industry

SB 588: Expanded Individual Liability For Owner, Director, Officer or Managing Agent - Senate Bill No. 588, the "California Fair Day's Pay Act," amends or adds 13 statutory sections to California's Labor Code or Code of...more

New York City Human Rights Law Expanded To Protect Caregivers

The New York City Human Rights Law (“NYCHRL”) forbids employment discrimination on the basis of a number of protected characteristics, such as age, race, creed, color, national origin, gender (including gender identity and...more

DOJ and Kent State University reach $145,000 Fair Housing settlement

Earlier this month, the U.S. Department of Justice (DOJ) and Kent State University (KSU) settled claims of discrimination under the Fair Housing Act (FHA) related to the use of emotional support animals in university housing....more

Downriver Community Services Will Pay $31,000 to Settle EEOC Disability Discrimination Lawsuit

Federally-Qualified Health Center Denied Counselor a Reasonable Accommodation, Terminated Her, Then Refused to Rehire Her Because of a Herniated Disc, Federal Agency Charged - DETROIT - Downriver Community Services will...more

An Employee's "Hope" That She'll Return to Work Isn't Enough to Require Additional Leave under the ADA

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The...more

Post-Paris and San Bernandino: The EEOC Weighs In on Anti-Muslim Workplace Discrimination

In the wake of Paris and San Bernandino, the EEOC has issued new “Questions and Answers” for employers concerning workers who are, or are perceived to be, Muslim or Middle Eastern. The agency issued companion questions and...more

What Tips the Scale? Obesity as a Perceived Disability Under the ADA

Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the...more

Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving...more

New York City Human Rights Law Amended, Expanding Protection to “Caregivers”

On January 5, 2016, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to extend non-discrimination protections to “caregivers.” The law will now allow employees to sue employers on...more

EEOC Issues Guidance Directed Specifically to HIV Positive Employees and Their Physicians

On December 1, 2015, in conjunction with World AIDS Day, the EEOC issued two documents addressing the legal rights available to employees with HIV/AIDS under the Americans with Disabilities Act (“ADA”)....more

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