Reasonable Accommodation Hiring & Firing

News & Analysis as of

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

Supreme Court Ruling Endangers Ignorance Defense

Until now, job application and interview questions that reveal applicants’ protected characteristics have been strongly discouraged. In an economy where dozens of people apply for a vacant job posting, knowing too much about...more

Changes to Pay Structure in Lieu of Requested Accommodations May Violate ADA and FMLA

Employers that receive requests for accommodation made by a disabled employee must remain careful about making significant changes to that employee’s terms and conditions of employment prior to concluding review and...more

State Employment Laws That Every Virginia Employer Should Know

Keeping track of the latest changes to federal employment laws, such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA), to name just a few, is hard...more

Conscientious Objectors in the Workplace

Recently, the news has been filled with employees who refuse to perform their duties based on political, moral, or religious beliefs. Kentucky clerk Kim Davis was jailed for refusing to issue marriage licenses to same sex...more

Xerox State Healthcare, LLC Sued By EEOC For Disability Discrimination

Healthcare Company Denied Urine-Based Drug Screening for Applicant with Renal Failure, Federal Agency Charged - CHARLOTTE, N.C. - Xerox State Healthcare, LLC ("Xerox Healthcare"), a healthcare company that offers...more

Dialysis Clinic To Pay $190,000 To Settle EEOC Disability Discrimination Suit

Clinic Fired Nurse Due to Clinic's Medical Leave Policy, Federal Agency Charges - SACRAMENTO, Calif. - Nationwide healthcare provider Dialysis Clinic, Inc. has agreed to pay $190,000 to a former employee with breast...more

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid...more

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Yes, Employers May Have To Accommodate Even “Crazy” Religious Beliefs.

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

RI Employers (Large and Small) Required to Accommodate Healthy Pregnant Workers and New Moms. No, FMLA Leave is Not Enough.

Last month, the Rhode Island Fair Employment Practices Act was amended to require employers with 4 or more employees to provide reasonable accommodations to employees and prospective employees with a “condition”. Such...more

Four Big Takeaways from Illinois' Proposed Pregnancy Accommodation Rules

Illinois employers, take note—in mid-July, the State's Department of Human Rights published its proposed rules implementing the State's new pregnancy discrimination law. As readers of this blog will know, the new law took...more

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

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