Reasonable Accommodation

News & Analysis as of

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

Ninth Circuit: Cities Must Have On-Street Disabled Parking

Cities Have an Obligation Under the ADA - The Ninth Circuit recently ruled that cities have an obligation under the Americans with Disabilities Act to provide on-street parking that is accessible to people with...more

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

Court Rejects Hospital’s ADA Argument That Proves Too Much

Dr. Robinson is an obstetrician at St. Francis Hospital. A diabetic, he underwent surgery for a broken foot and can’t always remain standing throughout deliveries. So he uses a rolling stool and practices from a seated...more

Shop ‘til You Drop – But Take a Day to Pray

Retail stores cannot force an employee to work seven consecutive days without giving the employee one day off to worship or rest. Like the ADA, retail stores must also accommodate the religious beliefs of employees unless it...more

New Pregnancy Accommodation and Payroll Card Laws Coming To Illinois

In the run up to Labor Day, Illinois Gov. Pat Quinn signed two public acts into law that significantly impact Illinois employers. The first is a major extension of the Human Rights Act that enhances pregnancy discrimination...more

Philadelphia Mayor Signs Legislation to Accommodate Nursing Mothers in the Workplace

Last week Philadelphia Mayor, Michael A. Nutter, signed into law, City of Philadelphia Bill No. 130922 (“the Bill” or “the Ordinance”), a City ordinance which requires employers to reasonably accommodate an employee’s need to...more

Court Says "Porch-Like Structures" Do Not Violate ADA

In an important decision for retailers and other public accommodations, the Tenth Circuit overturned a lower court decision requiring that every "porch-like" entrance to Hollister retail establishments be remediated to be...more

Philadelphia Passes Breastfeeding Act

On September 3, Philadelphia Mayor Michael Nutter signed City Council Bill 130992, amending Philadelphia’s Fair Practices Ordinance and making it illegal “for any employer to fail to reasonably accommodate an individual’s...more

Philadelphia Ordinance Provides New Protections for Breastfeeding Mothers

On September 3, 2014, Philadelphia Mayor Michael Nutter signed into law the Breastfeeding Accommodation Bill, No. 130922, as a part of the Philadelphia Fair Practices Ordinance. The new law is effective immediately, and it...more

Mayor Nutter Signs Bill Mandating Employers to Allow Breastfeeding

Yesterday, Philadelphia Mayor Michael Nutter signed a bill requiring employers to provide reasonable accommodation to employees who seek to breastfeed. Bill No. 130922, which was first introduced by City Councilman David Oh...more

Philadelphia Now Requires Workplace Accommodations for Nursing Mothers

Philadelphia now expressly requires both private and public employers to provide workplace accommodations for nursing mothers pursuant to an amendment to the Philadelphia Fair Practices Ordinance signed by Mayor Michael A....more

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

Workplace Protections Expanded for Job Applicants and Pregnant Employees in Illinois

On Tuesday, Illinois Governor Pat Quinn announced he signed the Law to Stop Discrimination Against Pregnant Women in the Workplace and thereby expanded workplace protections to job applicants and employees experiencing...more

New Pregnancy Discrimination and Accommodation Amendments to the Illinois Human Rights Act

On Monday, August 25, 2014, Governor Pat Quinn signed into law new pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA), which will afford expectant mothers specific workplace...more

New Bill Expands Illinois Human Rights Act's Pregnancy Protections

On August 26, 2014, Illinois Governor Pat Quinn signed House Bill 8, amending the Illinois Human Rights Act by placing new obligations on employers with respect to pregnant employees. The new changes take effect on January 1,...more

Government Agencies Release Further Accommodations to Organizations Opposing Mandated Contraceptive Coverage

In response to the recent U.S. Supreme Court decision in Burwell v. Hobby Lobby, Inc., the U.S. Departments of Health and Human Services (HHS) and Labor (DOL) published proposed rules on August 22, 2014, expanding the...more

What to Expect When Your Employees Are Expecting

Does an employer have to provide a modified work schedule to a pregnant employee with morning sickness or light duty to a pregnant employee with lifting restrictions?The answer depends on who you ask. Most federal courts say...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

EEOC Issues Updated Enforcement Guidance On Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, its first comprehensive update on the subject of discrimination against pregnant...more

How To Handle Insufficient Medical Documentation in Support of an Employee’s Disability Accommodation Request

Workplace accommodation issues under the Americans with Disabilities Act (ADA) can be tricky to navigate especially if the employee’s supporting medical documentation is insufficient. This often occurs in situations where the...more

EEOC Issues Guidance Requiring Employers to Provide Reasonable Accommodations to Pregnant Women

What you need to know: The Equal Employment Opportunity Commission recently issued Guidance relating to pregnancy in the workforce. The Guidance contains significant changes in the interpretation of laws affecting...more

Mindful Case Management

We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays,...more

EEOC Issues Much-Anticipated Guidelines On Pregnancy Discrimination: Few Surprises, But Good Reminders

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC), which is charged with enforcing the Pregnancy Discrimination Act, issued guidance on an employer's light duty and leave obligations under the law. First,...more

Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination...more

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