News & Analysis as of

Reasonable Accommodation

Putting the Compensability Brakes on Frequent Employee Breaks

by Carlton Fields on

Are frequent and short work breaks necessitated by an employee’s serious health condition considered “compensable” time under the Fair Labor Standards Act (FLSA)? Last week, the Department of Labor, Wage and Hour Department...more

Macy’s To Pay $75,000 To Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Excuse Asthmatic Employee's One-Day Absence and Fired Her, Federal Agency Charged - CHICAGO - Macy's will pay a former long-term employee $75,000 to settle a disability discrimination lawsuit filed by...more

Washington State Amends Domestic Violence Leave Law

by Littler on

Effective June 7, 2018, Washington State amended its domestic violence leave law to require employers to provide reasonable safety accommodations to victims of domestic violence, sexual assault, or stalking and to incorporate...more

Pruitthealth Sued by EEOC For Pregnancy Discrimination

Raleigh Nursing and Rehabilitation Center Refused to Accommodate Pregnant Nursing Assistant and Forced Resignation, Federal Agency Charges - RALEIGH, N.C. - PruittHealth-Raleigh, LLC, a Georgia corporation doing business...more

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

by McAfee & Taft on

For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more

DOL Clarifies Rules for FMLA-Related Breaks

In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general...more

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

by FordHarrison on

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder. Although she was first diagnosed in 2001, Carey says she finally sought treatment...more

This Is The First Step Necessary To Qualify For A Reasonable Accommodation Or Reasonable Modification

by Fox Rothschild LLP on

I have been watching a curious trend. As written in this space (and elsewhere), many apartment residents and applicants submit requests for reasonable accommodations (changes in rules or a polies) or reasonable modifications...more

Navigating The Circuit Split Over Reasonable ADA Leave

by Carlton Fields on

The U.S. Supreme Court will not resolve a circuit split on the length of leave an employer may be required to give to an employee as a reasonable accommodation under the Americans with Disabilities Act. Originally...more

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Employees Are Not Entitled to Compensation for FMLA Covered Breaks

by Franczek Radelet P.C. on

As mentioned previously here last summer, the U.S. Department of Labor’s Wage & Hour Division has brought back the Opinion Letter, the process previously used by attorneys and HR professionals to obtain guidance from the WHD....more

New Orleans Towing Company Sued by EEOC For Breaching Settlement Agreement

Company Refused to Pay Money Pursuant to Settlement Agreement It Signed at EEOC Mediation of Pregnancy Discrimination Charge, Federal Agency Charges - NEW ORLEANS - TRU Towing Auto, a New Orleans-based towing business,...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

California Legislature Pounces on Employers With 12 New Bills

Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda....more

Employers Should Know This About Today’s Marijuana Laws

Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies. Employers can be placed in a difficult position of trying to enforce these policies, while...more

Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation...

Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with...more

IMGMA Q/A: Service Animals

...Under the Americans with Disabilities Act (ADA), “Service Animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. This means the dog must be trained to take a...more

Emotional Support Animal – Even The FHA Has Limits

by Husch Blackwell LLP on

A unit owner claimed that she needed an emotional support animal because of a disability, and provided a doctor’s note to the condominium association supporting this need. The unit owner selected a dog as the emotional...more

The Dangers of Misunderstanding “Pregnancy Accommodation”

by Miller & Martin PLLC on

In the wake of the 2015 U.S. Supreme Court decision, Young v. UPS, many employers have gotten “way too excited” and have “way oversimplified” their duty to accommodate pregnant employees (or not!)....more

Louisiana Court Upholds Discharge of Worker With a Pregnancy-Related Illness Who Violated a Company Rule

The Louisiana Court of Appeal, Fourth Circuit recently held that a pregnant employee who suffered from a pregnancy-related illness was not disabled within the scope and meaning of the Louisiana Employment Discrimination Law...more

California Bills Seek To Expand Employer Obligations for Lactation Accommodation

by Fisher Phillips on

One of the more popular public policy issues of late has been an employer’s obligation to accommodate employees who are lactating or expressing breast milk. The federal government, states, and local jurisdictions have been...more

Severson Stands: Long-Term Leaves of Absence are No Longer Reasonable Accommodations Under the ADA

by Benesch on

Management-side attorneys and their clients can breathe a sigh of relief after the Supreme Court declined to take up a challenge to the Seventh Circuit’s ruling in Severson v. Heartland Woodcraft, Inc. 872 F.3d 476 (7th Cir....more

Capstone Logistics to Pay $50,000 To Settle EEOC Disability Discrimination Suit

Company Refused to Hire Qualified Applicant Because He Is Deaf, Federal Agency Said - BALTIMORE -- Capstone Logistics LLC, a Norcross, Ga.-based manufacturing and distribution company, will pay $50,000 and provide...more

Employment Law Letter - Spring 2018

by Shipman & Goodwin LLP on

While most employers are well aware of the statutory risk factors that can complicate a discharge, some recent court decisions underline the importance of considering how a termination could be perceived by an objective third...more

MA Pregnant Workers Fairness Act: Part II

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA....more

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