Affordable Care Act, Reasonable Accommodation

Options for Menopause Benefits for Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/1/2023

Employers often target benefit offerings to specific groups of workers—think dependent care accounts or student loan repayment matching contributions—so maybe it was inevitable....more

New PUMP Act Guidance: What Do Employers Need to Know?

Kohrman Jackson & Krantz LLP on 6/15/2023

The Department of Labor has recently issued guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act was signed into law on December 29, 2022, amending the Fair Labor Standards...more

Pregnant Workers Fairness Act and Interplay with Other Laws

Haynsworth Sinkler Boyd, P.A. on 4/11/2023

As noted in our blog post on the passage of the Pregnant Workers Fairness Act (PWFA), the Act takes effect in June 2023. In preparation for compliance with the Act, employers should consider how the PWFA interacts with other...more

Deadline nears for complying with PUMP Act’s expanded protections for nursing mothers in the workplace

McAfee & Taft on 2/15/2023

Last December, Congress significantly expanded the protections afforded to pregnant workers by passing the highly anticipated Pregnant Workers Fairness Act (PWFA), as well as the Providing Urgent Maternal Protections for...more

SCOTUS will review religious accommodation standard

Constangy, Brooks, Smith & Prophete, LLP on 1/27/2023

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Two New Federal Laws Affecting Pregnant Workers Passed in the Last Days of 2022

Miller & Martin PLLC on 1/11/2023

While You Were Sleeping (or Traveling or Watching Football) During the Holidays. . .Two New Federal Laws Affecting Pregnant Workers Were Passed - Two updates to start the New Year include the Providing Urgent Maternal...more

New Protections for Pregnant and Nursing Workers in 2023

Bracewell LLP on 1/10/2023

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant...more

New Federal Protections for Nursing and Pregnant Workers Under the Providing Urgent Maternal Protections for Nursing Mothers Act...

Kramer Levin Naftalis & Frankel LLP on 1/6/2023

On Dec. 29, 2022, President Joe Biden signed into law an omnibus government spending bill that includes two new pieces of legislation affecting the federal rights of nursing and pregnant employees in the workplace....more

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

Holland & Hart - Health Law Blog on 11/17/2022

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more

Safeguarding Against Discrimination in Telehealth to Meet Requirements of New Federal Guidance and the Proposed Rule Implementing...

Baker Donelson on 8/31/2022

With telehealth becoming increasingly prevalent, the federal government has taken steps to protect against discrimination in telehealth and prevent accessibility issues that disproportionately affect individuals with...more

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/20/2022

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on 5/18/2022

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

Jackson Lewis P.C. on 5/3/2022

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

Husch Blackwell LLP on 4/29/2022

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

Mintz - Employment Viewpoints on 10/13/2021

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Mintz - Employment Viewpoints on 9/16/2021

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

OFCCP Week In Review: August 2021

DirectEmployers Association on 8/2/2021

“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more

Dear Littler: Do We Have to Provide the Kitchen Sink (Literally!) to Lactating Employees?

Littler on 9/17/2019

Dear Littler: A long-term San Francisco-based employee with our company is returning soon from maternity leave. In discussing her return date, she requested accommodations for expressing breast milk at work. After working...more

Tidal Waves? Music Streaming Service Faces Lactation Break Challenge

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/16/2016

While many employers are focused on efforts by the U.S. Department of Labor (DOL) to implement and enforce its revised white collar overtime regulations under the Fair Labor Standards Act (FLSA), employers should not overlook...more

2017 Labor & Employment Laws: New Year, New Government, New Challenges

Littler on 12/7/2016

On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

What Employers Can Expect From The Trump Administration

Franczek P.C. on 11/15/2016

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

Colorado Becomes Most Recent State To Pass Pregnancy Anti-Discrimination And Reasonable Accommodation Law

Laner Muchin, Ltd. on 9/13/2016

Recently, Colorado became one of an increasing majority of states to pass legislation preventing discrimination against pregnant workers and requiring employers to provide reasonable accommodations for pregnant workers. (As...more

Pregnancy Discrimination Claims Grow

JAMS on 7/15/2016

With expanded participation of women in the workforce, there is a need to adapt the workplace to pregnant and breast-feeding workers. Enacted in 1978, the Pregnancy Discrimination Act banned employment discrimination on the...more

Employers’ Bundle of Joy: The Rhode Island General Assembly Passes Mandatory Reasonable Accommodation Law for Pregnant and Nursing...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/24/2015

On June 25, 2015, the Rhode Island General Assembly passed and Governor Gina M. Raimondo signed legislation making it an unlawful employment practice under the state’s Fair Employment Practices Act for an employer to refuse...more

A Review of the Supreme Court’s 2014 - 2015 Term

Franczek P.C. on 7/2/2015

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Patient Protection and Affordable Care Act (PPACA) › Reasonable Accommodation

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