News & Analysis as of

Reasonable Accommodation Disability Discrimination Undue Hardship

Parker Poe Adams & Bernstein LLP

Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more

U.S. Equal Employment Opportunity Commission...

Library Hotel to Pay $42,000 to Settle EEOC Disability Discrimination Lawsuit

Settles Federal Charges That Hotel Failed to Accommodate Front Desk Worker With a Stool or Chair - NEW YORK – 299 Madison Ave. LLC, doing business as Library Hotel, a luxury boutique hotel in New York City, will pay...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Nonprofit for Disability Discrimination

Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charges - WASHINGTON - Didlake, Inc. a government contractor that provides janitorial...more

Bass, Berry & Sims PLC

Supreme Court Strengthens Burden in Religious Accommodation Requests

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.”  Employers will now have a harder time denying religious...more

Steptoe & Johnson PLLC

The Supreme Court of the United States Clarifies Title VII’s ‘Undue Hardship’ Standard for Religious Accommodations

On June 29, 2023, in a unanimous decision in Groff v. DeJoy, Postmaster General, the Supreme Court of the United States clarified Title VII’s “undue hardship” standard for employers denying religious accommodations. The Court...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Jackson Lewis P.C.

Virginia Expands Disability Discrimination Protections And Adds Domestic Worker Protections

Jackson Lewis P.C. on

Effective July 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers...more

Jaburg Wilk

ADA Disability In The Age Of COVID-19

Jaburg Wilk on

An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been...more

King & Spalding

COVID-19: The Do’s and Don’ts of a Mandatory Vaccination Policy

King & Spalding on

As COVID-19 vaccines become more widely available and employers contemplate policies that will facilitate returning to the workplace, one important issue is whether employers can require employees to receive COVID-19...more

Harris Beach PLLC

Guidance Emerges for Health Care Providers Requiring COVID-19 Vaccinations

Harris Beach PLLC on

Now that COVID-19 vaccinations are rolling out across New York state and beyond, can health care providers require employees to receive the vaccine - especially when this layer of protection may enhance their capability to...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Disability

White and Williams LLP on

The FDA’s emergency use authorization of the Pfizer-BioNTech COVID-19 vaccine and the Moderna COVID-19 vaccine is raising hope across the nation of a return to some semblance of normalcy in the months to come. In light of...more

McAfee & Taft

Expanded disability claim liability for employers - Gavel to Gavel

McAfee & Taft on

Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits. The Americans with Disabilities Act requires employers to reasonably...more

Littler

Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

Littler on

On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

Epstein Becker & Green

EEOC Addresses ‘Return to Work’ Issues and Clarifies ‘Undue Hardship’ in New Guidance on COVID-19 and Antidiscrimination Laws

Epstein Becker & Green on

On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

U.S. Equal Employment Opportunity Commission...

Medstar Good Samaritan Hospital and EEOC Reach $195,000 Agreement to Conciliate EEOC Disability Discrimination Charge

Federal Agency Determined That Employee Was Discharged After Requesting Disability-Related Leave Through Third-Party Vendor - BALTIMORE - The U.S. Equal Employment Opportunity Commission (EEOC) and MedStar Good Samaritan...more

Parker Poe Adams & Bernstein LLP

Employers Can End Accommodations That Go Beyond ADA Requirements

When companies change management, employees sometimes believe it is unfair to hold them to higher performance standards than those required by their former supervisors. When it comes to accommodations made to disabled...more

Littler

Canada: How to Manage Unresponsive Employees on Leave

Littler on

Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer? At...more

Littler

Littler Global Guide - Canada - Q1 2019

Littler on

Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

Littler

Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

Littler on

The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Snell & Wilmer

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

Snell & Wilmer on

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Proskauer - Law and the Workplace

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more

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