News & Analysis as of

Reasonable Accommodation

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability...more

Gavel to Gavel: Preventing pregnancy, maternity, paternity discrimination in workplace

by GableGotwals on

The Equal Employment Opportunity Commission continues to prioritize “accommodating pregnancy-related limitations under the Americans with Disability Act Amendments Act and the Pregnancy Discrimination Act,” according to its...more

There's No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?

by Franczek Radelet P.C. on

Noemi was a secretary for a school district who claimed her coworkers made derogatory remarks about Hispanic students and their families. The last straw, according to Noemi, was when an associate principal allegedly told...more

Failure To Accommodate Sincere Religious Beliefs Can Be A Costly Mistake For Employers

Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and...more

EEOC increases pregnancy discrimination enforcement

by GableGotwals on

The Equal Employment Opportunity Commission is making pregnancy discrimination a priority. Since 2017 started, the commission has settled four lawsuits, totaling more than $400,000 in plaintiff relief. It’s become one of...more

Running a 21st Century Railroad with 20th Century Job Skills: How to Accommodate Disabilities?

by Murtha Cullina on

On March 7, 2011, Peter Joyce, Jr. (“Joyce”) filed a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), claiming that Respondent CSX Transportation (“CSX”): (1) denied him a reasonable accommodation...more

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

by Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

The Devil is in the ... Biometric Scanner? Fourth Circuit Finds Employer Failed to Accommodate Employee’s Religious Belief

Just how far do you have to go to accommodate an employee’s off-the-beaten-path religious belief? The 4th Circuit Court of Appeals recently ruled that you at least have to give the same accommodations you give to disabled...more

Don’t Quarrel Over Scripture

by Sherman & Howard L.L.C. on

The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc....more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Make Room On Your Bulletin Board For The Nevada Pregnant Workers’ Fairness Act Notice

by Jackson Lewis P.C. on

Nevada employers must post a notice on the Nevada Pregnant Workers’ Fairness Act immediately. Governor Brian Sandoval signed the Act into law on June 2, 2017, and the notice provisions took effect upon signing. All other...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

High School Teacher Is Determined To Not Be Disabled After She Accepts Another Teaching Position

by Jackson Lewis P.C. on

Sharon Walker (“Walker”), a high school business teacher, brought suit against the Pulaski County Special School District (“PCSSD”) claiming that she had been discriminated against and retaliated against because of her...more

Nevada Expands Protections for Pregnant Workers

by Littler on

Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years...more

When Is Reassignment To An Intermittent Position Required As An ADA Accommodation?

by Jackson Lewis P.C. on

The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no...more

Restraining Unruly Children As An Essential Job Element: Expected In Secondary Schools But Not At A Youth Detention Center? A...

by Jackson Lewis P.C. on

In a recent blog post, I discussed the fact that under the reasonable accommodation provisions of the ADA, employers generally are not required to provide their employees with a stress-free work environment or one that...more

WPI State of the States: Crunch Time in the Statehouses Before Summer Break

by Littler on

At this point in the year, many state lawmakers are wrapping up their efforts before summer, when many legislatures are in recess. Legislatures in roughly half the states have already concluded their sessions. Approximately...more

Second-Guessing The Advice Columns On Workplace Law — Again!

I’m going to have to make this a regular series. A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one,...more

Is That a Disability?

by Zelle LLP on

We recently wrote about the $3.3 million verdict in a disability discrimination case brought by an employee who is allergic to certain scents and chemicals. For some of our readers, it came as a surprise that a scent allergy...more

Property Owners Gaining New Tools To Fight ADA Lawsuits

by Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

Federal Judge Rules that Transgender Employee's ADA Claim May Proceed

by FordHarrison on

On May 18, 2017, in the first decision of its kind, the Eastern District of Pennsylvania held that transgender people are not categorically barred from protection by the Americans with Disabilities Act (ADA) if they suffer...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

Littler Global Guide - Japan - Q1 2017

by Littler on

Amendment of Act Expands the Benefit of Employees with Child or Family Member who Needs Care - Enacted Legislation - The revision of Act on Child Care Leave and Family Care Leave, which becomes effective on January...more

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