What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules
The Burr Broadcast: Key Differences Between PWFA and ADA
#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant
The Burr Morning Show: Pregnant Workers Fairness Act
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
Workplace Accommodation after COVID: Legal Update
Podcast: What Employers Should Know about the Pregnant Workers Fairness Act [More with McGlinchey, Ep. 62]
Employment Law Now VII-136 - Summer 2023 Wrap-Up Part 2
The Burr Broadcast Aug. 2023: Pregnant Workers Fairness Act
Supreme Court Miniseries: Religious Accommodation at Work
Employment Law Now VII-133 - Hot Summer Employment Law Developments
#WorkforceWednesday: SCOTUS Introduces Heightened Standard for Religious Accommodation, Rules Against Affirmative Action, Protects “Expressive” Services - Employment Law This Week®
Litigation Lessons for California Employers
DE Under 3: Diving into DEAMcon23 – Accommodations, DEIB, Disability & More
Constangy Webinar - Spring Cleaning: How to Keep your HR Practices Mess Free
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
The Burr Morning Show April 2023 - The Pregnant Workers Fairness Act
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
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more
In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more
Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more
When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more
Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida,...more
This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more
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
On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide...more
Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more
A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more
Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
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
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
Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more
On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more
The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone...more
Just as employers have a legal duty to reasonably accommodate employees’ disabilities, they also have an obligation to reasonably accommodate employees’ religious practices. Employers often struggle with determining what is...more
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
In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more