News & Analysis as of

Essential Functions Equal Employment Opportunity Commission (EEOC) Employment Policies

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Paul Hastings LLP

PWFA Proposed Regulations and Potential Areas of Comment for Employers

Paul Hastings LLP on

The federal Pregnant Workers Fairness Act (“PWFA”) became effective on June 27, 2023. Employers with 15 or more employees are now required to reasonably accommodate a worker’s “known limitation” related to pregnancy,...more

Venable LLP

Expansive Accommodation Requirements under the Pregnant Workers Fairness Act Proposed Regulations

Venable LLP on

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations...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

Miller Canfield

EEOC Provides Guidance on Implementing the Pregnant Workers Fairness Act 

Miller Canfield on

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) posted a Notice of Proposed Rulemaking (NPRM) for the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023....more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

Fisher Phillips on

The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Attendance Was Essential Function of Job

If asked to describe the essential functions of a given job, most employers would include actually showing up to work as a critical component. In recent years the Equal Employment Opportunity Commission has taken the position...more

Akerman LLP - HR Defense

Must An Employer Grant a Request for Indefinite Leave?

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully....more

Parker Poe Adams & Bernstein LLP

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

FordHarrison

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Attendance to be Essential Job Function

In recent years, the Equal Employment Opportunity Commission has taken the position that regular job attendance may not be an essential job function under the Americans with Disabilities Act. Under the ADA, employers are...more

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