Job Description Mistakes You Don’t Want to Make
HR Law 101 Ep.4: What You Need to Know About Creating Effective Job Descriptions
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
A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more
Employers face significant new pregnancy accommodation requirements thanks to recent federal regulations under the Pregnancy Workers Fairness Act (PWFA) that took effect last month. But did you know that California employers...more
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
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
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
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
In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more
On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more
This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more
Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more
In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more
One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more
Working at home may constitute a reasonable accommodation according to a recent decision in Rezvan v Phillips Electronics North America Corp., Case No. 15-cv-04767-HSG (N.D. Calif.) In Rezvan, a former employee with...more
Private employers will feel faint satisfaction in learning that a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer has lowered the boom in a disability discrimination case on a state agency servicing...more
As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more
Most employers would assume that a traveling salesperson who could no longer drive due to a medical condition cannot perform the essential functions of her job. The Americans with Disabilities Act only requires accommodations...more
It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more
Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more
Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more
A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more
Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more
A federal district court in Washington refused to require an employer, absent some notice from an employee of the need to do so, to investigate the cause of the employee’s poor performance to explore whether it might be...more
Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more