(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
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Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published much anticipated regulations implementing the Pregnant Workers Fairness Act (PWFA). These regulations will take effect in June...more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
Consider this: an employee refuses to accept Sunday shifts because, under his religion, that day is devoted to worship and rest. Is his employer legally required to accommodate him? For decades, the answer was easy....more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more
With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more
In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more
This week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond. Mental Health Accommodations and Parity in...more
Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more
The U.S. District Court for the District of Kansas’ ruling in Johnson v. Norton County Hospital is an illustrative example of the complicated and often overlapping obligations employers have under the Family Medical Leave Act...more
As the Delta variant surges throughout the country, more and more employers are implementing mandatory vaccine policies, especially now that the Pfizer vaccine has received full FDA approval. Most employers know they may need...more
Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more
The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more
As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more
NGE Labor & Employment associate Corey Biller discusses the recent EEOC Guidance on vaccine requirements before returning to the physical workplace and an employer’s legal obligations to reasonably accommodate employees under...more
The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more