Reasonable Accommodation Hiring & Firing

News & Analysis as of

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

Recent Decision Explores Issues of Mental Disability and Violence in the Workplace

A federal district court recently grappled with whether an employer’s termination of an employee for engaging in violent behavior was lawful, where the employee’s behavior was related to an underlying mental impairment. ...more

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

CLIENT ALERT: Delaware Expands Employment Anti-Discrimination Statute

Delaware recently joined a growing number of states by expanding its employment anti-discrimination statute to provide protections to employees who are victims of domestic violence, sexual offenses, or stalking. In addition...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

EEOC Sues Rotten Ralph’s Restaurant for Religious Discrimination

Restaurant Fired Muslim Employee Because of Her Required Religious Garb, Federal Agency Charges - PHILADELPHIA - Rotten Ralph's, a popular Philadelphia restaurant, violated federal law when it refused to allow a server...more

Supreme Court Rules Against Abercrombie & Fitch in Religious Discrimination Case

In a previous blog post we discussed the facts, and potential consequences of a pro-plaintiff holding in Equal Employment Opportunity Commission v. Abercrombie & Fitch Store, Inc. As a brief recap, in 2008, Samantha Elauf, a...more

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Colorado Decision Shows Continuing Tension Between Legal Marijuana and Employer Drug Testing

Last week, the Colorado Supreme Court rejected the claim of a quadriplegic employee terminated for testing positive for marijuana. In Coats v. Dish Network, LLC, the plaintiff possessed a valid medical marijuana card issued...more

Questions remain following US Supreme Court's “headscarf” ruling

The Supreme Court’s recent “headscarf” decision (EEOC v. Abercrombie & Fitch, 2015 WL 2464053, 575 U.S. __ (June 1, 2015)) has received extensive attention in the media and across the Internet. The basic holding of the case...more

Supreme Court's Labor And Employment Decisions - 2014-2015 Term

The United States Supreme Court's most recent term has been marked by a series of significant rulings that serve to alter the landscape of labor and employment law in significant ways. Over the past few months, the Court has...more

When is enough, enough? Managing difficult employees in the human rights context

Not surprisingly, employers seek to hire individuals who will perform the duties of their job diligently, honestly and faithfully. Unfortunately, instances can occur where employers find themselves facing an unmotivated...more

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

OSHA Issues Guidance Regarding Transgender Employees

As transgender issues seem to dominate the headlines, another federal agency has stepped into the debate. Last week, the Occupational Health and Safety Administration (OSHA) issued guidance strongly urging employers to give...more

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

Gavel to Gavel: Faith and consequences

Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

What Employers Need to Know about Religious Discrimination after EEOC v. Abercrombie & Fitch

It’s rather fitting that the Supreme Court’s decision in EEOC v. Abercrombie & Fitch Stores turns on the idea of one’s belief; it is, after all, a decision about religious discrimination under Title VII of the Civil Rights...more

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

Supreme Court Sides with EEOC in Abercrombie & Fitch Hijab Case

On Monday, June 1, 2015, the United States Supreme Court reversed a judgment of the United States Court of Appeals for the Tenth Circuit which had granted Abercrombie & Fitch (“Abercrombie”) summary judgment in a religious...more

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They...

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating...more

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