Undue Hardship

News & Analysis as of

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10,...

Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Utah Has a Bun in the Oven: Pregnancy Bill Awaits Governor’s Approval

The Utah State Legislature recently passed S.B. 59, a bill that would amend the Utah Antidiscrimination Act to require employers with 15 or more Utah employees to provide reasonable accommodations related to pregnancy,...more

Would ‘St. Patrick’s Way’ Qualify for a Workplace Accommodation?

If Saint Patrick walked into your workplace today, how would he and his beliefs be received? As we gather on March 17, amidst the shamrocks and celebrations, let’s not forget why we honor the life of this patron saint. Born...more

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

Religious Accommodation in the Healthcare Industry: What to Do When an Employee’s Beliefs Clash With Job Duties

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees based on their religion, and requires employers to provide a reasonable accommodation of employees’ sincerely...more

The Hardship Exception to the Medicaid Penalty Period: Rare But Possible

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue...more

To Void Or To Modify? Courts Have The Final Say On Voiding Or Rewriting A Non-Compete Agreement

“This has been a trend for a long time; the days of lifetime employment are long since over.” — Marc Andreeson Anticipating that employees do not always stay with an employer for the duration of their careers,...more

EEOC Sues Windstream for Disability Discrimination

Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more

Federal Circuit revives injunctive relief against multi-feature products (Apple v. Samsung)

Today, a divided Federal Circuit panel issued a decision that vacates district court’s decision not to permanently enjoin Samsung from selling mobile devices having features found to infringe Apple’s patents. The majority...more

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

Court Awards Over Half Million Dollars Against Consol Energy/Consolidation Coal In EEOC Religious Discrimination Lawsuit

Mining Companies Forced Evangelical Christian to Retire Over Biometric Hand Scanning Violating Title VII, Jury Found Earlier - PITTSBURGH - The U.S. Equal Employment Opportunity Commission (EEOC) has won a victory in...more

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

Illinois Releases Pregnancy Accommodation Proposed Rules

The Illinois Department of Human Rights (IDHR) released proposed rules regulating pregnancy discrimination and accommodation in employment. Released on July 17, 2015, these rules are authorized by the Illinois Pregnancy...more

Where’s the Beef Part II: Court Refuses To “Butcher” EEOC’s Religious Discrimination Claim

Our loyal blog readers may recall a post we authored in October 2013 regarding EEOC v. JBS USA, LLC (the “Nebraska Case”), where Chief Judge Laurie Smith Camp of the U.S. District Court for the District of Nebraska entered...more

“Hair Today? Gone Tomorrow!”: Employers Face Obstacles When It Comes to Enforcing Look Policies

Your author joined the ranks of the bearded in January after six years of daily shaving for the Air Force, skillfully concealing his newfound hirsuteness (look it up) amid the current popularity in facial hair (see: Special...more

Real Property – Court’s Power to Issue Equitable Easements

Lilli Shoen v. Juliet Zacarias - Court of Appeal, Second Appellate District (May 22, 2015) - A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in...more

Gavel to Gavel: Faith and consequences

Last week’s decision by the U.S. Supreme Court on religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc., may have the unintended effect of an increase in religious stereotyping in the workplace. The lawsuit...more

Lack of Actual Knowledge of a Need for a Religious Accommodation is Not a Defense to a Religious Bias Suit

On June 1, 2015, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) in a religious bias suit involving an unsuccessful Muslim job applicant who was rejected because her headscarf did...more

Supreme Court: Motive Matters in Hiring Decisions

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to Reduce the Risk of Religious Discrimination Claims...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to hire an applicant in order to...more

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data...more

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