News & Analysis as of

Disability Americans with Disabilities Act (ADA) Employee Rights

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

Poyner Spruill LLP on

In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

U.S. Equal Employment Opportunity Commission...

City of Hammond to Pay $80,750 to Resolve EEOC Disability Discrimination Finding

City Improperly Subjected Employees to a Comprehensive Medical Exam, Federal Agency Charged - HAMMOND, Ind. – The U.S. Equal Employment Opportunity Commission (EEOC) and the City of Hammond, located in Indiana, reached a...more

McNees Wallace & Nurick LLC

Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues New Resource Document Addressing Issues Related to Leave and Disability

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today issued a new resource document that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the...more

Foley & Lardner LLP

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Foley & Lardner LLP on

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

U.S. Equal Employment Opportunity Commission...

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Foley & Lardner LLP

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

Foley & Lardner LLP on

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

Gray Reed

Employment Law 101: Americans with Disabilities Act

Gray Reed on

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

McAfee & Taft

Questioning employees about prescription drugs that could affect performance and safety

McAfee & Taft on

Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed...more

Bradley Arant Boult Cummings LLP

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more

Obermayer Rebmann Maxwell & Hippel LLP

Beyond Essential Functions: The Role of Job Reassignments in Accommodating Employee Disabilities

Imagine for a moment that you are the HR Manager for a company with many physically demanding jobs. One of your employees submits a doctor’s note prohibiting her from lifting anything over 25 pounds. Mindful of your...more

Constangy, Brooks, Smith & Prophete, LLP

Employment Law Quiz: You Be The Judge!

Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old yellowed ticket from 1920 to an...more

Constangy, Brooks, Smith & Prophete, LLP

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

Faegre Drinker Biddle & Reath LLP

Recent EEOC Guidance Calls for Reasonable Accommodation of Normal Pregnancy

In July 2014, the Equal Employment Opportunity Commission (EEOC) took the position, in controversial Enforcement Guidance, that the federal Pregnancy Discrimination Act (PDA) requires employers to treat women with normal...more

Troutman Pepper

Employment Law Issues for Health Care Employers

Troutman Pepper on

In this webinar, moderated by Mark Kadzielski, Pepper partner and chair of the firm’s Health Care Services practice, Susan K. Lessack and Christopher J. Moran, both of Pepper’s Labor and Employment Practice Group, will...more

Manatt, Phelps & Phillips, LLP

Employment Law: August 2014

California Supreme Court Weighs In On Commission Wages - Why it matters: Employers in California that pay commission wages should familiarize themselves with a new decision from the California Supreme Court limiting...more

Smith Anderson

ADA: Temporary Medical Condition May Be a Disability

Smith Anderson on

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers...more

Epstein Becker & Green

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

Cole Schotz

EEOC Issues Guidelines on Pregnancy Discrimination in the Workplace

Cole Schotz on

For the first time in 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) has issued comprehensive guidelines for employers dealing with pregnant employees in the workplace (the “Guidance”). ...more

Patterson Belknap Webb & Tyler LLP

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more

Pillsbury Winthrop Shaw Pittman LLP

New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations

For the first time in more than 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) overhauled its guidance on pregnancy discrimination issues—broadening anti-discrimination coverage and...more

Pullman & Comley - Labor, Employment and...

What Is The Interactive Process?

The interactive process is a crucial step for an employer in dealing with an employee’s request for accommodation of a disability. Failure to conduct and document the interactive process can result in liability under the...more

Akerman LLP - HR Defense

EEOC Broadens Pregnancy Discrimination Protections

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC") issued an updated enforcement guidance on pregnancy discrimination and related issues, and significantly widened the employee protections. The guidance...more

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