News & Analysis as of

Discrimination › Reasonable Accommodation › Family and Medical Leave Act (FMLA)

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

Bradley Arant Boult Cummings LLP on

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Constangy, Brooks, Smith & Prophete, LLP on

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

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

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

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

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Connections CSP For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Capstone Logistics For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Human Services Provider Unlawfully Fired Employees Who Needed Medical Leave, Federal Agency Charges - WILMINGTON, Del. - Connections CSP, Inc., one of Delaware's largest non-profit organizations that provides health care,...more

FordHarrison

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

FordHarrison on

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

Bradley Arant Boult Cummings LLP on

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Franczek P.C.

EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

Franczek P.C. on

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2015

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From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Genova Burns LLC

New Jersey Appellate Division Rules that Nurse’s Termination Based On Her Physical Limitations Could Violate The NJLAD

Genova Burns LLC on

On August 28, 2015, the Superior Court of New Jersey, Appellate Division in Grande v. Saint Clare’s Health System, reversed the decision of the trial court granting summary judgment to the defendant finding that plaintiff’s...more

Zelle LLP

That is SO last week - August 2015 #2

Zelle LLP on

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Holland & Knight LLP

New Bill Expands Illinois Human Rights Act's Pregnancy Protections

Holland & Knight LLP on

On August 26, 2014, Illinois Governor Pat Quinn signed House Bill 8, amending the Illinois Human Rights Act by placing new obligations on employers with respect to pregnant employees. The new changes take effect on January 1,...more

U.S. Equal Employment Opportunity Commission...

Tucson-Area Trucking Company CTI Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Company Failed to Provide a Reasonable Accommodation to Visually Impaired Employee And Fired Her and Others Because of Their Disabilities, Federal Agency Charges - PHOENIX - CTI, Inc., a Tucson-area regional trucking...more

Sherman & Howard L.L.C.

Employees May Take “Total Disability” And Seek Accommodation Too

Sherman & Howard L.L.C. on

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir....more

Franczek P.C.

Failure To Provide Additional Leave As ADA Accommodation Could Prove Costly To Employers

Franczek P.C. on

For ages, the employer community has awaited guidance from the EEOC regarding how much additional leave, if any, an employer is required to provide an employee as an ADA reasonable accommodation when an employee is unable to...more

Miller & Martin PLLC

To Terminate or Not to Terminate. . . That is the Question

Miller & Martin PLLC on

The Facts – “What Happened?”: The plaintiff, Ms. Mocic, worked as an EMT for the employer/defendant (SCEMS) for almost four years. She became pregnant in 2009. She requested and was granted an apparently uneventful...more

Fenwick & West LLP

Fenwick Employment Brief - March 2013

Fenwick & West LLP on

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness ...more

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

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

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

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Partridge Snow & Hahn LLP

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

Partridge Snow & Hahn LLP on

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

Proskauer Rose LLP

California Employment Law Notes - January 2013

Proskauer Rose LLP on

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Littler

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

Littler on

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

BakerHostetler

New California Pregnancy Disability Leave (PDL) Regulations Adopted

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BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and liabilities: ...more

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

Termination Two Days Before Taking FMLA Leave “Unusually Suggestive,” New Jersey District Court Holds

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

In St. Cyr v. Brandywine Senior Living, Inc., 20 U.S. Dist. LEXIS 85426 (D.N.J. June 20, 2012), the court denied summary judgment in an FMLA interference and retaliation suit in which an employee was terminated a mere two...more

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