What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules
The Burr Broadcast: Key Differences Between PWFA and ADA
#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant
The Burr Morning Show: Pregnant Workers Fairness Act
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
Workplace Accommodation after COVID: Legal Update
Podcast: What Employers Should Know about the Pregnant Workers Fairness Act [More with McGlinchey, Ep. 62]
Employment Law Now VII-136 - Summer 2023 Wrap-Up Part 2
The Burr Broadcast Aug. 2023: Pregnant Workers Fairness Act
Supreme Court Miniseries: Religious Accommodation at Work
Employment Law Now VII-133 - Hot Summer Employment Law Developments
#WorkforceWednesday: SCOTUS Introduces Heightened Standard for Religious Accommodation, Rules Against Affirmative Action, Protects “Expressive” Services - Employment Law This Week®
Litigation Lessons for California Employers
DE Under 3: Diving into DEAMcon23 – Accommodations, DEIB, Disability & More
Constangy Webinar - Spring Cleaning: How to Keep your HR Practices Mess Free
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
The Burr Morning Show April 2023 - The Pregnant Workers Fairness Act
In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
Harried, frazzled, overwhelmed, anxious and stressed are words that I’m hearing a lot lately. No, I’m not a therapist, though sometimes, as a lawyer, I feel like one. Disability claims have increased 50% over the past decade...more
Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more
A pending federal appeals court case is the latest to highlight the challenges employers face when considering accommodation requests from an employee with a medical condition. As we have written before, leave and...more
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more
Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more
Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more
In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more
In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more
A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more
The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...more
In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more
David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more
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
Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more
A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more
It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more
The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more
Question: We have an employee who claims she has a mental disability involving stress and anxiety caused by working with her supervisor, and she has asked for a different supervisor as an accommodation. This doesn’t seem to...more
Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate on an accommodation to...more
Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more
What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more
A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more
Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more