Reasonable Accommodation

News & Analysis as of

Illinois Senate To Consider A Bill Providing New Protections For Pregnant Employees

Last week, the Illinois House of Representatives approved a bill to strengthen protections for pregnant employees in the workplace. HB 8, introduced by Rep. Mary Flowers (D-Chicago) and supported by Governor Pat Quinn, would...more

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

Philadelphia Employers Required to Provide Written Notice of Employment Law Protections for Pregnant Women by April 20, 2014

In January 2014, Philadelphia Mayor Michael A. Nutter signed into law an amendment to the Philadelphia Fair Practices Ordinance, expanding local law employment protections for pregnant women. As we reported in our March 10,...more

Court: Regular Attendance Is an Essential Job Function

Americans with Disabilities Act (ADA) compliance can be challenging, as employers attempt to decipher whether a specific situation falls under the definitions of the law, such as when they must provide accommodations to an...more

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Due Date: Philadelphia Employers Must Post Notice Regarding Reasonable Accommodations for Pregnant Workers by April 20, 2014

As we reported on February 16, 2014, Philadelphia now requires employers to make reasonable accommodations for pregnant employees. The amended Philadelphia Fair Practices Ordinance also requires Philadelphia employers to...more

Philadelphia Commission on Human Relations Issues New Pregnancy Rights Notice

On January 20, 2014, Philadelphia Mayor Michael Nutter signed an amendment to the city’s Fair Practices Ordinance expressly banning discrimination based upon pregnancy, childbirth, or a related medical condition and imposing...more

Philadelphia Pregnancy Accommodation Law Notice to Employees Must be Posted by April 20, 2014

On or before April 20, 2014, all employers with employees in the City of Philadelphia must post a new notice on pregnancy discrimination from the Philadelphia Commission on Human Relations. Unlike the Philadelphia 21st...more

EEOC Issues New Guidance on Accommodation of Religious Dress and Grooming in the Workplace

Responding to an increasing number of workplace disputes, last week the Equal Employment Opportunity Commission issued guidance for employers regarding their obligation to accommodate employees’ religious dress and grooming...more

NYC And Philly Pass Laws On Reasonable Accommodations For Pregnant Employees

Philadelphia and New York City recently passed ordinances that increase workplace protections for pregnant employees. These new laws affirmatively compel employers to provide reasonable accommodations for employees with needs...more

Making Your Termination Decision Count (Don’t Sleep on This One…)

The success or failure of an employer’s defenses in employment litigation often turns on what motivated a termination decision. My consistently subpar performance or my complaint about harassment? My taking of leave or...more

Absolute "Return To Work" Deadline An Absolute Headache For Employer In ADA Lawsuit Against The EEOC

A federal judge in Chicago recently ruled that the Equal Employment Opportunity Commission (EEOC) can pursue its class-wide claim challenging an employer's policy of discharging employees who can't return to work after a...more

Irregular Attendance May Render An Employee With A Disability "Unqualified"

In a recent case, Daniel Mecca v. Florida Health Services Center, Inc., Case No. 8:12-cv-02561 (M.D. Fla. February 3, 2014), a federal court in Florida held that where regular attendance is an "essential function" of a...more

EEOC Sues Wal-Mart for Age and Disability Discrimination

Keller Store Manager Harassed and Then Fired Because of His Age; Also Denied a Reasonable Accommodation for His Diabetes, Federal Agency Charges - DALLAS - Wal-Mart Stores of Texas, LLC discriminated against a store...more

EEOC Issues New Guidance On Religious Accommodations

The United States Equal Employment Opportunity Commission ("EEOC") recently issued new guidance concerning religious workplace accommodations. The first document, titled Religious Garb and Grooming in the Workplace: Rights...more

EEOC Issues New Religious Accommodation Guidelines

New guidelines focus on an employer’s obligation to reasonably accommodate religious garb in the workplace. On March 6, the Equal Employment Opportunity Commission (EEOC) published new guidelines that discuss the...more

Banks Previously Sued in Title III ADA Class Action Lawsuits Now Getting Sued Again in Second Wave of Accessibility Lawsuits

A Pittsburgh-based law firm, which has filed more than 100 class action lawsuits under Title III of the Americans with Disability Act (ADA) in federal district courts throughout the United States against banks on behalf of a...more

Philadelphia Amends Fair Practices Ordinance to Require Reasonable Accommodations for Pregnancy and Childbirth

On January 20, 2014, Philadelphia Mayor Michael A. Nutter signed into law an amendment to the Philadelphia Fair Practices Ordinance, expanding local law employment protections for pregnant women. The amendment, which became...more

Are E-Cigarettes A Reasonable Accommodation?

Much has been written in the last several weeks about the rise in popularity of electronic cigarettes (e-cigarettes). States are proposing legislation to protect teens as well as prohibit use in public places. But the...more

Temporary Impairments May Be Covered Under the Expanded ADA

In late January 2014, the Fourth Circuit Court of Appeals ruled in Summers v. Altarum Inst. Corp., 740 F.3d 325 (4th Cir. 2014), that a sufficiently severe temporary impairment may be a covered disability under the Americans...more

You May Think They Are Disabled But That Doesn’t Mean You “Regarded“ Them as Disabled

While the 2008 amendments to the Americans with Disabilities Act (“ADA”) made it easier for employees to state a claim that he or she was “regarded as” having a disability, a recent decision from a federal court highlights...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

Governor Christie Signs New Jersey Pregnancy Bill Into Law

In the November 2013 and January 2014 issues of the New Jersey eAuthority, we reported on the Senate and Assembly’s passage of a bill (S2995) expanding employment protections for pregnant women. On January 21, 2014, Governor...more

Pregnancy Accommodation Laws Abound

You may recall that we reported that United States Senator Bob Casey (D-PA) introduced the Pregnant Workers Fairness Act, which would adopt the reasonable accommodation framework of the Americans with Disabilities Act for...more

Take 5 Newsletter: Five New Challenges Facing Retail Employers

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities...more

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