News & Analysis as of

Undue Hardship

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

by Fisher Phillips on

The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA),...more

Get To Know New Nursing Mothers’ Law For Nevada Workers

by Fisher Phillips on

Although the federal Fair Labor Standards Act (FLSA) already protects nursing mothers from employment discrimination and retaliation while requiring employers to provide them with reasonable break time and a private space to...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

by Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

San Francisco Employers Face New Gender Equality Laws

by Fisher Phillips on

The San Francisco Board of Supervisors has just added two new employment ordinances to the burgeoning list of employment-related ordinances in the City by the Bay. First, the Parity in Pay Ordinance prohibits employers from...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

by Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

Connecticut Expands Anti-Discrimination and Accommodation Protections for Pregnant Employees and Applicants

Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the...more

SCC upholds employer's "no free accident" alcohol and drug policy: Stewart v Elk Valley

by Dentons on

On June 15, 2017, the Supreme Court of Canada released its decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30). This is a landmark decision, reinforcing the right of employers to take proactive risk mitigation 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

“Mark Of The Beast” Workplace Concerns Lead To Half-Million Dollar Verdict

by Fisher Phillips on

Here’s some advice you probably didn’t think you needed, employers: you should avoid, at all costs, giving or threatening to give your employees the biblical Mark of the Beast. And if they think you are doing so, you should...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

Can We Lawfully Terminate an Employee After He Submits a Vague Doctor's Note Seeking an Extension of Leave? In a Word, Yes.

by Franczek Radelet P.C. on

An employee’s 12 weeks of FMLA leave has exhausted, and over the past several weeks, he’s provided you a series of vague doctor’s notes typically containing nothing more than a one-liner extending his medical leave of absence...more

Costs of Accommodation: British Columbia Supreme Court Reaffirms High Threshold for Undue Hardship

by Dentons on

In a July 2016 decision, Providence Health Care v. Dunkley, 2016 BCSC 1383, the British Columbia Supreme Court held that Providence Health Care (PHC) and the University of British Columbia (UBC) failed to establish that the...more

Sky Signs, Colossal Murals and Billboards, Oh My

by Farrell Fritz, P.C. on

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

EEOC Settlement Reminds Healthcare Employers of Limits on Mandatory Vaccinations

The policy seemed straightforward. A hospital required all employees to receive seasonal flu vaccinations based on its assessment of the dangers of influenza to patients with compromised immune systems. The hospital went...more

“Onionhead” is a Religion Under Title VII: Court Finds in Favor of Employees in Reverse Religious Bias Case

A federal district court recently ruled that an employer-initiated program known as Onionhead was a religion for the purposes of Title VII of the Civil Rights Act of 1964. In Equal Employment Opportunity Commission v. United...more

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

by Murtha Cullina on

A case decided by a Massachusetts Commission Against Discrimination Hearing Officer on September 21, 2016 serves as a reminder that, even if an employee is not entitled to paid time-off, granting leave for medical reasons may...more

EEOC Issues Guidance Regarding Leave as an Accommodation Under the ADA

by Ervin Cohen & Jessup LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a guidance to employers regarding an employer’s obligation under the Americans with Disabilities Act (ADA) to provide unpaid leave or extend a paid leave...more

Colorado Amends Discrimination Law to Accommodate Pregnant and Post-Partum Employees

On June 1, 2016, Gov. Hickenlooper signed into law Colorado House Bill 16-1438, requiring employers to provide reasonable accommodations for pregnant and post-partum employees (specifically, for applicants or employees with...more

New Colorado Laws Grant Employees Access to Personnel Files, Right to Pregnancy Accommodations

by Bryan Cave on

The Colorado General Assembly ended the 2016 session by passing significant employment legislation. In June 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432, granting employees access to personnel...more

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

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