News & Analysis as of

Reasonable Accommodation Hiring & Firing

Failure To Accommodate Sincere Religious Beliefs Can Be A Costly Mistake For Employers

Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and...more

Shielding Teacher From Unruly Students Not ADA Reasonable Accommodation

Sometimes employers face requests for reasonable accommodation that do not cost much, but which would materially interfere with the employee’s ability to get their work done. Under the Americans with Disabilities Act (ADA),...more

The Devil is in the ... Biometric Scanner? Fourth Circuit Finds Employer Failed to Accommodate Employee’s Religious Belief

Just how far do you have to go to accommodate an employee’s off-the-beaten-path religious belief? The 4th Circuit Court of Appeals recently ruled that you at least have to give the same accommodations you give to disabled...more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

High School Teacher Is Determined To Not Be Disabled After She Accepts Another Teaching Position

by Jackson Lewis P.C. on

Sharon Walker (“Walker”), a high school business teacher, brought suit against the Pulaski County Special School District (“PCSSD”) claiming that she had been discriminated against and retaliated against because of her...more

Nevada Expands Protections for Pregnant Workers

by Littler on

Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years...more

Restraining Unruly Children As An Essential Job Element: Expected In Secondary Schools But Not At A Youth Detention Center? A...

by Jackson Lewis P.C. on

In a recent blog post, I discussed the fact that under the reasonable accommodation provisions of the ADA, employers generally are not required to provide their employees with a stress-free work environment or one that...more

EEOC Sues XPO Last Mile for Religious Discrimination

EEOC Sues XPO Last Mile for Religious Discrimination Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics...more

Massachusetts House Passes Bill to Expand Protections for Pregnant Workers

by Foley Hoag LLP on

Last week, the Massachusetts House of Representatives unanimously passed the Massachusetts Pregnant Workers Fairness Act (H.3680). If the bill becomes law, it will expand employment protections for pregnant workers in...more

Greater Protections During Pregnancy on the Horizon in Massachusetts

by Locke Lord LLP on

Massachusetts may soon enact The Pregnant Workers Fairness Act, which Speaker Robert DeLeo has identified as a priority. It recently won the approval of the Committee on Labor and Workforce Development, which unanimously...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

EEOC Sues Impressions Incorporated for Disability Discrimination

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Is It Time To Recall Some Of Your HR Policies?

by Fisher Phillips on

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to...more

EEOC and Flying Star Transport Settle ADA Claims for $65,000

Federal Agency Steers Hiring Case of Driver With Amputation to Early Resolution - AMARILLO, Texas - An Amarillo, Texas-based fuel transport company has agreed to pay $65,000 and furnish other relief to settle a...more

Carolina Company Sued by EEOC for Alleged Religious Discrimination

by Nexsen Pruet, PLLC on

The Equal Employment Opportunity Commission announced that it filed a lawsuit last month against a South Carolina company that allegedly refused to accommodate a truck driver’s religious beliefs. The employee apparently...more

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Is Hiring the Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers...more

Can You Fire The Needle-Phobic Pharmacist Who Refuses To Perform Immunizations?

As more and more pharmacies move into the role of providing immunizations, someone has to perform those immunizations. Often, this duty falls to the pharmacist. So, what happens when a pharmacist claims he cannot perform...more

Zale Delaware Will Pay $30,000 To Settle EEOC Disability Discrimination Lawsuit

Kiosk Manager Fired Because of Orthopedic Disability, Federal Agency Charged - GREENVILLE, N.C. - Zale Delaware, Inc., dba Piercing Pagoda, a jewelry retailer based in Irving, Texas, will pay $30,000 to settle a...more

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