Undue Hardship

Bankruptcy May Become a Way Out of Student Loan Debt

by Michele Bowman | Lawyers.com on 5/8/2013

While students get breaks on their loans in some ways, filing bankruptcy has never been one of them. But if a federal appellate opinion and action in Congress are any indicators, that could be changing....more

Supreme Court Offers No Guidance On Student Loan Undue Hardship Test

by Harold Shepley & Associates, LLC on 3/12/2013

After receiving a general release from his debts under Chapter 7 bankruptcy, Roger Traversa filed for release from his $60,000 student loan debt, claiming that it would be an undue hardship for him to repay. Traversa...more

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

by Carl Cunningham | Bennett Jones LLP on 2/25/2013

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/13/2013

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

EEOC Provides Useful Guidance On Mandatory Flu Vaccinations And Reasonable Accommodations

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/4/2013

In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

by Hema Chatlani, Allison Ianni, Caitlin Senff Ladd, Aaron Warshaw | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

Employers Should Have Faith In The Interactive Process When It Comes To Religion

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/9/2013

Recent federal cases demonstrate the importance of engaging in the interactive process when an employee requests a religious accommodation. Title VII and similar state and local laws not only prohibit religious discrimination...more

2013 CALIFORNIA LABOR & EMPLOYMENT LAWS – Part 1 of 4

by Hartnett, Smith & Paetkau on 1/8/2013

Several important new laws affecting California employers will take effect this year. In this initial series of blog posts, we will provide a brief synopsis of these changes. For more information on how to remain compliant...more

Social Media and Beyond: California Ushers in New Employment Laws for 2013

by Christina N. Goodrich, Linda L. Usoz | K&L Gates LLP on 12/19/2012

The California legislature was particularly busy this past session in enacting new laws that directly affect employers in 2013. The new laws address a wide variety of topics, including social media protections for employees;...more

Accommodating Family Status – Needs vs. Preferences

by Bennett Jones LLP on 10/30/2012

Although the duty to accommodate employees with demanding child care responsibilities has long been recognized as part of an employer's duty to accommodate on the basis of family status, as a result of the aging Canadian...more

California Enacts Law to Further Protect Religious Expression in the Workplace

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/3/2012

Governor Jerry Brown recently signed into law Assembly Bill 1964, the Workplace Religious Freedom Act of 2012. Set to take effect on January 1, 2013, AB 1964 clarifies existing law pertaining to religious discrimination and...more

Kick Us While We’re Down

by Kelly Scott | Ervin Cohen & Jessup LLP on 9/12/2012

When it comes to employment law, California is often cast as something similar to a socialist state: the People’s Republic of California. Employers, media commentators and members of a certain prominent political party...more

CA Governor Signs New Law Expanding Protection For Religious Dress And Grooming In The Workplace

by Robert A. Jones | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/10/2012

On September 8, 2012, California Governor Jerry Brown signed into law Assembly Bill (AB) 1964 to amend Section 12926 of the California Government Code which embodies the California Fair Employment and Housing Act. The...more

Employer Not Required To Accommodate Bus Driver’s No Sunday Work Request, Third Circuit Holds

by Mark Diana, Ryan T. Warden | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

In Fouche v. New Jersey Transit, No. 11-3031, 2012 U.S. App. LEXIS 14524, (3rd Cir. July 16, 2012), a bus driver sued his employer under Title VII and the New Jersey Law Against Discrimination for refusing to accommodate his...more

Religious Discrimination in the Workplace

by Delbert Tso on 11/4/2010

Religious Discrimination in the Workplace Gets More Attention from EEOC...more

EEOC Targets Religious Discrimination in the Workplace

by John Sarno on 11/4/2010

3,386 charges alleging religious discrimination were filed with the EEOC in 2009, slightly more than the prior year, although the agency found no probable cause, in about 6 of 10. Nevertheless, the agency has filed some high...more

Worshiping at the altar of ink: Tattoos and religious discrimination in the workplace

by Lane Powell PC - Labor & Employment Law on 5/4/2010

Most employers rely upon their employees to project a certain image to the public. In an effort to control their company’s image, employers may institute appearance policies that set forth grooming and dress standards. These...more

Employment Advisory: EEOC Issues New Compliance Guidance on Religious Discrimination in the Workplace in Response to a Dramatic...

by Mintz Levin - Employment, Labor & Benefits on 8/11/2008

In July, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new section (Section 12) to its Compliance Manual specifically related to religious discrimination in the workplace. Section 12 includes a...more

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