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Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act’s interaction with the ADA and other laws. ...more

The Washington Supreme Court Mandates New Obligations for Employers Under State Law to Accommodate Employees’ Religious Beliefs

In a dramatic shift in Washington state law on accommodating religious beliefs, the Washington Supreme Court’s decision in Kumar v. Gate Gourmet, Inc. recognized, for the first time, that the Washington Law Against...more

Employers May Now Have To Provide Employees With The Added Comfort Of Working From Home

The Sixth Circuit Court of Appeals has put employers on notice that they may need to accommodate employees with disabilities by allowing them to work remotely from home, forcing employers to reconsider whether a physical...more

How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact,...more

Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?

On April 22, 2014, the Sixth Circuit Court of Appeals in EEOC v. Ford Motor Company reviewed whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability....more

The Rise in Pregnancy-Related Employment Discrimination Claims

Laws protecting female workers from discrimination have succeeded, more women are entering and remaining in the workforce in more diverse occupations than ever before. With expanded participation has come the need to adapt...more

Executive Briefing - May 2014

In This Issue: - ADA Reasonable Accommodation Requests: Avoid Rigid Policies and Consider Technology - IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses - OSHA to Refer Untimely...more

EEOC Will Release Enforcement Guidance Addressing an Employer’s Obligation to Reasonably Accommodate Pregnant Workers; Employers...

The Equal Employment Opportunity Commission – the agency responsible for enforcing most of the federal discrimination laws – is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate...more

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable...more

Important Changes Coming for Illinois Employers

Beginning January 1, 2015, Illinois state law may require Illinois employers employing one or more employees to provide "reasonable accommodations" to part-time and full-time employees, probationary employees, new employees,...more

Secret to Reasonable Accommodations for Religion: Be Reasonable

If there is a secret to avoiding or, if necessary, winning lawsuits involving employee requests for religious accommodations, it is this: be reasonable. Two recent federal appeals court rulings highlight this seemingly...more

Employer’s Accommodation Is Enough

A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined...more

EEOC Provides Stark Reminder of Scope of Religious Accommodation

When most employers hear the term “reasonable accommodation,” their thoughts immediately turn to the Americans with Disabilities Act (ADA). But the ADA is not the only federal statute that requires employers to accommodate...more

Reminder: NYC Employers Must Provide Pregnancy Accommodation Notices To All Employees by May 30, 2014

As we reported in our September 2013 eAuthority, the New York City Council amended the New York City Human Rights Law, effective January 30, 2014, to expand employee accommodation protection on the basis of pregnancy,...more

EEOC Emphasizes the Importance of Providing Appropriate Accommodations for Religious Attire and Grooming Practices in the...

As religious diversity in the United States increases, and in light of the ever- present role of religion in international political tensions, religious discrimination claims have increased in recent years. Charges filed with...more

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

Telecommuting: A New Trend of Reasonable Accommodation?

Technology has transformed the workplace in almost every industry. The use of cellphones, laptops, tablets, videoconferencing and other electronic media has, in many cases, torn down the walls of traditional offices, and...more

The Women’s Economic Security Act: What Employers Need To Know

On Mother’s Day, Sunday, May 11, 2014, Governor Mark Dayton signed into law the Women’s Economic Security Act (WESA), which amends a number of Minnesota laws concerning pregnancy, nursing, parenting leave, and familial...more

Minnesota's New Women's Economic Security Act Becomes Law - Employers Need To Take Note As Some Provisions Are Effective...

On Mother’s Day, May 11, 2014, Governor Dayton signed Minnesota’s new Women’s Economic Security Act into law. Employers should take note of the following provisions, some of which are effective immediately...more

Are Employers Required to Accommodate Theft under the ADA?

Reasonable accommodation of employee misconduct is not a new issue. But an unusual twist in a recent court ruling may require employers to accommodate employee theft under the Americans with Disabilities Act (ADA)....more

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

New York Court Of Appeals Emphasizes Need For Interactive Process When Accommodating Employees’ Disabilities

Jacobsen v. New York City Health and Hospitals Corp., No. 2014-34 (N.Y. Court of Appeals, Mar. 27, 2014): New York’s highest court recently ruled that an employer’s failure to engage in a good-faith interactive process...more

Working From Home May Be A Reasonable Accommodation Under ADA, 6th Circuit Rules

The Americans with Disabilities Act (ADA) requires that an employer reasonably accommodate an employee with a disability unless the proposed accommodation would impose an undue hardship....more

Telecommuting & the Modern Workplace Under the ADA: Sixth Circuit Redefines Workplace and Expands Reasonable Accommodation...

In the context of the Americans with Disabilities Act (ADA), the workplace and an employer’s brick-and-mortar location are no longer synonymous. Although courts vary with respect to telecommuting as a reasonable accommodation...more

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