Reasonable Accommodation, Discrimination

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

by Karina Sterman | Ervin Cohen & Jessup LLP on 4/8/2013

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Did You Know…New Regulations Released Governing Disability Discrimination In California

by Veronica Gray | Nossaman LLP on 3/28/2013

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable...more

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

by Peter Felsenfeld | Barger & Wolen on 3/28/2013

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

To Terminate or Not to Terminate. . . That is the Question

by Miller & Martin PLLC on 3/26/2013

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

by Barbara Hoey | Littler on 3/22/2013

Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the...more

Legal Alert: California Expands Protections For Disabled Employees

by Michelle Brauer Abidoye | FordHarrison on 3/21/2013

Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for...more

EEOC Sues Toys “R” Us for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 3/20/2013

Retailer Refused to Provide Accommodation or Hire Deaf Applicant, Federal Agency Says - BALTIMORE - Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it...more

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

by Laura Hayward, Brian Morris | Littler on 3/18/2013

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace. ...more

Domestic Violence Victims Emerging As A New Protected Class

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 3/15/2013

Domestic violence, sexual assault and stalking can impact the health, productivity and performance of victims, resulting in a loss for employers of those victims. To help prevent these issues from negatively affecting the...more

Fenwick Employment Brief - March 2013

by Allen M. Kato, Michael A. Sands | Fenwick & West LLP on 3/14/2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

Timely Arrival At Work Not Always An Essential Job Function

by Lisa McGarrity | Franczek Radelet P.C. on 3/12/2013

In a case involving a schizophrenic employee whose medication caused him to feel drowsy and sluggish in the morning, the Second Circuit Court of Appeals has ruled that on-time arrival at work is not always an essential job...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Engage—Before You Fire

by Johnnie James | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems adjusting to the...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

California Appellate Court Holds Employee Entitled To Reasonable Accommodation After Pregnancy Leave Ends

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

Sanchez v. Swissport, Inc., No. B237761 (February 21, 2013): A California Court of Appeal recently held that an employer may have to offer additional leave under the Fair Employment and Housing Act (FEHA) as a reasonable...more

Pregnancy Disability Leave – Sanchez v. Swissport

by William Gutierrez | Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/11/2013

A California appellate court has given employers yet another reason for caution in their handling of employees on pregnancy disability leave. In Sanchez v. Swissport, Inc., B237761 (Feb. 21, 2013), the Second District Court...more

Worker with Panic Attacks Wins $21M Discrimination Verdict

by Sylvia Hsieh | Lawyers.com on 3/8/2013

A worker who was fired for her panic attacks won a $21.7 million jury verdict against her employer, including $16.5 million in punitive damages for the employer’s malice....more

Marijuana in the Workplace [Video]

by Lawline.com on 3/6/2013

oin Attorney Tracey Diamond as she discusses how legalizing marijuana for medical use for individuals suffering from cancer, acquired immune deficiency syndrome and other debilitating life-threatening illnesses. Ms. Diamond...more

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

by JD Supra Law News on 3/5/2013

No matter what your view on CEO Marissa Mayer's recent decision to revoke work-at-home privileges for Yahoo! employees, telecommuting is a reality for the contemporary workforce. But it is not without legal risks. And you...more

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Reasonable Accommodation › Discrimination

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

Baptist Health South Florida Sued by EEOC for Disability Discrimination

The Employment Law Authority - March/April 2013

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

Did You Know…New Regulations Released Governing Disability Discrimination In California

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

To Terminate or Not to Terminate. . . That is the Question

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

Legal Alert: California Expands Protections For Disabled Employees

EEOC Sues Toys “R” Us for Disability Discrimination

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Domestic Violence Victims Emerging As A New Protected Class

Fenwick Employment Brief - March 2013

Timely Arrival At Work Not Always An Essential Job Function

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Engage—Before You Fire

California Employer Should Have Engaged In Interactive Process Before Firing Employee

California Appellate Court Holds Employee Entitled To Reasonable Accommodation After Pregnancy Leave Ends

Pregnancy Disability Leave – Sanchez v. Swissport

Worker with Panic Attacks Wins $21M Discrimination Verdict

Marijuana in the Workplace [Video]

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

Marijuana in the Workplace [Video]

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

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