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Americans with Disabilities Act (ADA) Interactive Process Undue Hardship

Foley & Lardner LLP

Mental Health Awareness Month: Supporting Employee Mental Health While Navigating ADA Compliance

Foley & Lardner LLP on

May is Mental Health Awareness Month — a timely reminder for employers to reflect on how mental health intersects with workplace obligations under the Americans with Disabilities Act (ADA). Many employers across the country...more

Vorys, Sater, Seymour and Pease LLP

Evaluating Remote Work as a Reasonable Accommodation

With many employers contemplating return-to-work directives and many employees seeking and/or needing an accommodation to continue remote work arrangements, employers must be mindful of their obligations under the Americans...more

Tucker Arensberg, P.C.

New Supreme Court Decision Puts More Pressure on Employers Who Receive a Religious Accommodation Request

Tucker Arensberg, P.C. on

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

Miles & Stockbridge P.C.

EEOC Proposes Regulations for the Pregnant Workers Fairness Act

We continue to track updates to the Pregnant Workers Fairness Act (“PWFA”) that took effect June 27. On Aug. 7, the EEOC released its Notice of Proposed Rulemaking for implementing the PWFA (“Proposed Rule” or “Proposed...more

Bricker Graydon LLP

EEOC Issues Notice of Proposed Rulemaking: What You Need to Know

Bricker Graydon LLP on

In April of this year, Bricker Graydon attorneys published an article describing how the Pregnant Worker’s Fairness Act (PWFA) would take effect on June 27, 2023, and will require employers with 15 or more employees to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Fisher Phillips

An Employer’s 3-Step Guide to Responding to COVID-19 Vaccine Religious Objections

Fisher Phillips on

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

Jaburg Wilk

ADA Disability In The Age Of COVID-19

Jaburg Wilk on

An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been...more

Bowditch & Dewey

Winter is Coming – Workplace Vaccine Mandates

Bowditch & Dewey on

Under the Occupational Safety and Health Act (OSHA), employers have a general duty to provide a workplace free of recognized hazards. As cold weather returns, workplaces across the nation will face increased health risks this...more

McAfee & Taft

Expanded disability claim liability for employers - Gavel to Gavel

McAfee & Taft on

Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits. The Americans with Disabilities Act requires employers to reasonably...more

Spilman Thomas & Battle, PLLC

This Too Shall Pass: and Then What? Part 2 - Legal Considerations for Return-to-Work Decision-Making

In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the...more

McAfee & Taft

EEOC updates guidance on workplace safety, confidentiality and accommodations

McAfee & Taft on

The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Proskauer - Law and the Workplace

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...more

McAfee & Taft

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more

Fisher Phillips

Stand Fast, Employers: What You Need To Know About Standing Desks

Fisher Phillips on

As the old adage goes, the grass is always greener on the other side. Many employees who are required to stand all day for their jobs would like the option to sit. But in recent years, many employees who traditionally sit...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Fisher Phillips

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

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

Seyfarth Shaw LLP

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

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

Harris Beach Murtha PLLC

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

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

Nutter McClennen & Fish LLP

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

Miller Canfield

EEOC Issues New Publication on Leave as Accommodation Under ADA

Miller Canfield on

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new...more

Baker Donelson

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

Baker Donelson on

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

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