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Reasonable Accommodation Dismissals

Proskauer - California Employment Law

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

Parker Poe Adams & Bernstein LLP

Pregnant Workers Fairness Act Regulations Survive Legal Challenge by State Attorneys General

EmployNews has previously covered the EEOC's Final Regulations Implementing the Pregnant Workers Fairness Act (PWFA), which provided clarity to employers and workers about who is protected under the landmark statute, the...more

Holland & Hart - Employers' Lawyers

A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

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...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Parker Poe Adams & Bernstein LLP

Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more

Bricker Graydon LLP

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

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On April 1, 2021, Houston Methodist Hospital announced that all of its employees would be required to be vaccinated against COVID-19 by June 7, 2021, but that it would provide accommodations to any employee with disability...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

Parker Poe Adams & Bernstein LLP

Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more

Dentons

Conflict over Emotional Support Animals - What are landlords to do?

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On June 30, 2020, the Iowa Supreme Court rendered a decision in Karen Cohen v. David Clark and 2800-1 LLC, an emotional support animal (ESA) case, involving one tenant in need of an ESA and another tenant with severe pet...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Parker Poe Adams & Bernstein LLP

ADA Request Must Show Connection Between Disability and Work Limitation

From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back...more

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Parker Poe Adams & Bernstein LLP

Failure to Explain Inconsistency Between SSDI Application and ADA Claims Results in Dismissal

In its Cleveland v. Policy Mgmt. Syst. decision, the U.S. Supreme Court said that an application for Social Security Disability Insurance (SSDI) benefits does not automatically kill a plaintiff’s contemporaneous assertion...more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

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A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Genova Burns LLC

Reefer Madness: Funeral Director May Seek Reasonable Accommodation for Off Duty Medical Marijuana Use

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On March 27, 2019, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings Inc. reversed the dismissal of an action under the New Jersey Law Against Discrimination (LAD) alleging failure to accommodate...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more

Fisher Phillips

Guarantees Not Required—For Now - Court Rules For Employer In Religious-Based Scheduling Accommodation Case

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Healthcare industry employers routinely face staffing shortages and scheduling problems. National shortages are well-publicized, and the problem continues to grow as the demand for healthcare workers rises along with the age...more

Parker Poe Adams & Bernstein LLP

Employer Not Required to Accommodate Employee's Inability to Wear Safety Shoes

In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more

Fisher Phillips

Web Exclusive - Flurry Of Recent ADA Cases Can Be Instructive For Employers, Part Two

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There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Parker Poe Adams & Bernstein LLP

Ability to Work Rotating Shifts Considered Essential Job Function

When a current employee develops a disabling medical condition, employers are frequently faced with Americans with Disabilities Act accommodation requests that would fundamentally alter the way that the job has been...more

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