Reasonable Accommodation

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Employment Law Commentary - Volume 27, Issue 11, November 2015

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded...more

Governor Cuomo Signs Women’s Equality Agenda; New Law Strengthens Equal Pay Protections

On October 21, 2015, Governor Andrew Cuomo signed a group of eight laws, called the Women’s Equality Agenda, which expand protections for women in the workplace in New York. The act will become effective on January 19, 2015....more

New Law Prohibits Retaliation or Discrimination in Response to Request for Accommodation

Effective January 1, 2016, Assembly Bill 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of...more

Where FMLA and ADA Issues Overlap: A Recap of our Webinar (and Link to our Recording!)

Thanks to those who attended my webinar last week on FMLA and ADA Overlap Issues.   In a mere hour plus, Sara Elder, (Division Vice President, Fair Employment & Compliance, for Sears Holdings Management Corporation) Matt...more

Telecommuting - Employees Enter the Sharing Economy? (Part 1)

As onrushing technological changes continue to disrupt our society, the concepts of how we work and, more particularly, where we work, are not immune from that disruption. Forbes Magazine reports that 11 percent (8,000...more

Employment Law Update - ADA with a side of FMLA: A Cornucopia of Legal Issues

Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition...more

EEOC Has Attendance Point Systems in its Sights

Attendance point systems undoubtedly have appeal. These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of...more

Employee required to produce his medical file to employer in accommodation grievance

After an employee’s union grieved that the employer had failed to return him to work “notwithstanding that he has provided all requested medical information”, the employee has been ordered to produce much of his medical file...more

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

Betriebliches Eingliederungsmanagement (BEM) vor krankheitsbedingter Kündigung

Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

New York Enacts Sweeping Protections Strengthening Women’s Rights in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law sweeping legislation to protect and further women’s equality in New York State. The new laws, which go into effect on January 19, 2016, will help achieve pay...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

New York State Expands Equal Pay Law and Other Workplace Protections for Women

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in New York State. The...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Combatting FMLA Abuse

The Family and Medical Leave Act provides laudable protections to employees and their families. But FMLA leave is sometimes abused. That abuse drives up costs for employers and creates red tape and administrative hassles for...more

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