Current Hot Topics in Workers' Compensation in Washington, D.C., Maryland, and Virginia
Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19
Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more
Employers take note: a new law creates a request for accommodation framework for employees with known limitations due to pregnancy, childbirth or related conditions that is similar to the Americans with Disabilities Act...more
In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more
The U.S. Court of Appeals for the Seventh Circuit recently held that Walmart did not violate the Pregnancy Discrimination Act (“PDA”) in declining to extend its light duty policy to pregnant employees, largely because it...more
On August 16, 2022, the 7th Circuit Court of Appeals rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to increase the level of scrutiny given to sex discrimination cases under the Pregnancy...more
The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more
Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more
The New Jersey Supreme Court has clarified the scope of the Pregnant Workers Fairness Act (PWFA) in a decision that outlines the contours of the statute’s three distinct causes of action. The Court’s unanimous decision in...more
Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face. If the employee’s...more
On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more
It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated...more
Employee Fired for Exceeding Two-Week Maximum Leave Policy, Federal Agency Charged - RALEIGH, N.C. - Senior Care Properties, Inc., doing business as Harborview Rehabilitation and Healthcare Center, will pay $21,000 and...more
Menonomie, Wisconsin Distribution Center Refused to Keep Pregnant Workers on the Job Working Light Duty, Federal Agency Charges - MADISON - Wal-Mart violated federal law when it refused to accommodate workers'...more
Pregnant Employees Forced on Unpaid Leave After Reporting Pregnancies, Federal Agency Charges - DETROIT - Simplicity Ground Services, P.C., an airline-ramp and cargo-handling company in Detroit, violated federal law by...more
Residential Care Provider Refused to Put Pregnant Worker on Light Duty and Fired Her Instead, Federal Agency Had Charged - MILWAUKEE, Wis. - Silverado, a network of memory care, at-home care, and hospice care centers,...more
Medical Provider Refused to Keep Pregnant Worker on the Job Working Light Duty and Instead Fired Her, Federal Agency Charges - MINNEAPOLIS - Trinity Health, an integrated healthcare provider with 2,500 employees...more
Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more
WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more
Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more
In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more
In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more
Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more
Employers evaluating ADA reasonable accommodation requests often must decide whether they have to provide extended light duty for an injured employee. In Frazier-White v. Gee, the Eleventh Circuit recently provided helpful...more
In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they...more