News & Analysis as of

Reasonable Accommodation

New York City Human Right Law Imposes Stringent Accommodation Requirements for Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 19, 2018, the New York City passed a law requiring that businesses engage in “cooperative dialogue” with individuals with disabilities and in other protected categories in the context of...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

New York City Employers will be Subject to a New Accommodation Law Effective October 2018

by Pepper Hamilton LLP on

Q: I am a New York City employer. What do I need to know about the amendments to the law regarding accommodations? A: Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative...more

“Sooo… We Need to Talk” – The Consequences of Failing to Engage in the Interactive Process

The ADA requires employers to engage in an interactive process with disabled employees, and courts often set a high bar for what that looks like. Expensive litigation continues to be the consequence when employers terminate...more

InsideUp To Settle EEOC Disability Discrimination Lawsuit

Small Marketing Business Fired Employee Because of His COPD, Asthma and Emphysema, Federal Agency Charges - SAN DIEGO - InsideUp Inc., a San Diego-based marketing company, will pay $10,500 and provide other significant...more

The Need to Go Above and Beyond the ADA in Maryland: Disabled Applicants/Employees Need Individual Assessments

by Pessin Katz Law, P.A. on

In light of developments in Maryland employment discrimination law, employers are strongly encouraged to re-examine their reasonable accommodation policies and procedures. When confronted with a reasonable accommodation...more

School District Ordered to Allow Student to Use Medical Marijuana in Classroom

by Ruder Ware on

A recent decision from a federal court in Illinois has opened the door to significant debate regarding the use of medical marijuana in a school setting. The Schaumburg, IL School District has been ordered to allow an...more

Supreme Court May Take Up Tricky ADA Leave Issue

by Hogan Lovells on

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work....more

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

Memorial Healthcare Sued by EEOC For Religious Discrimination

Hospital Rescinded Job Offer Because of Applicant's Need for Religious Accommodation, Federal Agency Charges - DETROIT- The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today that a...more

NYC Council Obligates Employers to Engage in “Cooperative Dialogue” for Reasonable Accommodation Requests

by Murtha Cullina on

Apparently believing that employers are not capable of considering employees’ requests for reasonable accommodation on their own, the New York City Council has decided to dictate how those requests should be handled. An...more

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

Decostar Industries to Pay $38,500 to Settle EEOC Religious Discrimination Suit

Company Fired Employee Over Religious Sabbath Request, Federal Agency Charged - ATLANTA - Decostar Industries, Inc., a manufacturer and supplier of automotive parts based in Carrollton, Ga., will pay $38,500 and provide...more

NYC Human Rights Law and Employers' Requirements for "Cooperative Dialogue"

by Harris Beach PLLC on

A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more

Massachusetts Changes the Landscape for Pay Equity and Pregnancy Accommodations

by Shipman & Goodwin LLP on

For those of you with employees in Massachusetts, you need to be aware of two significant changes with respect to pay equity and pregnancy accommodations. These changes also serve as a reminder to employers that they need to...more

Reminder: Massachusetts Pregnant Workers Fairness Act Goes Into Effect April 1, 2018

by Littler on

The Massachusetts Pregnant Workers Fairness Act goes into effect on April 1, 2018. This new law requires employers with six or more employees to provide reasonable accommodations to pregnant employees. As the effective date...more

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

PTO and Schedule Swaps May Not Fulfill Employer's Religious Accommodation Obligations

Title VII requires employers to provide reasonable accommodations for employees’ religious beliefs and practices. While this accommodation obligation may not be as high as that imposed for disabilities under the ADA, a recent...more

New York City Expands Reasonable Accommodation Response Requirements

by Morgan Lewis on

Effective July 18, 2018, employers and operators of public accommodations and all housing in New York City must engage in a cooperative dialogue with individuals who may be eligible for an accommodation and provide a final...more

Animals In The Workplace—No, This Is Not Another Blog About Sex Harassment

by Jackson Lewis P.C. on

You have just received an e-mail alerting you to a FIDO issue and you are wracking your brain to recall the statute for which FIDO is an acronym. Then you read on and learn the email is from your new HR specialist who seems...more

Medical Marijuana, Reasonable Accommodation Requests, And The Fair Housing Act

by Fox Rothschild LLP on

Each year it seems that a growing number of states approve the use of medical marijuana (and/or loosen restrictions on the use of marijuana more generally). To that end, professional apartment management will likely receive...more

Employer’s Ultimatum Supports Employee’s ADA Failure To Accommodate Claim

by Jackson Lewis P.C. on

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the...more

Q&A with Paula Williams: Pregnancy-related claims remain EEOC priority

by GableGotwals on

Pregnancy-related claims remain a priority for the EEOC - Q: What is the position of the Equal Employment Opportunity Commission (EEOC) on pregnancy-related discrimination? A: The EEOC continues to prioritize pregnancy...more

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

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