News & Analysis as of

Reasonable Accommodation Coronavirus/COVID-19

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Jackson Lewis P.C.

Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

Jackson Lewis P.C. on

Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pregnant Workers Fairness Act Blocked in Texas

On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas blocked enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas, holding that the U.S. Congress...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on

Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

Goldberg Segalla on

On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Tarter Krinsky & Drogin LLP

Top Legal Alerts From 2023

As we close out 2023, we would like to share with you some of our most popular legal alerts from this year. Our top alerts reflect the broad array of our capabilities – ranging in topics from construction, corporate &...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Kohrman Jackson & Krantz LLP

Current Considerations About COVID-19 in the Workplace

The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

Burr & Forman

Workplace Accommodation after COVID: Legal Update

Burr & Forman on

In this episode of The Burr Morning Show, Emily Mack and Savannah McCabe discuss the legal landscape around ADA compliance and accommodation after COVID-19. They also discuss how to lawfully address telework, mental health,...more

Goldberg Segalla

Employee Protection Limited for ADA and FMLA Discrimination and Retaliation Claims

Goldberg Segalla on

Key Takeaways - Resolved medical conditions and COVID-19 symptoms — aside from “Long COVID” — may not be considered “disabilities” under the ADA. A seven-week period between employee engagement in protected activity and an...more

Miles & Stockbridge P.C.

Employers Beware: Return-to-Office Mandates and the Americans with Disability Act

Miles & Stockbridge P.C. on

As the Covid-19 pandemic drifts further into the rearview, many companies are rolling back work-from-home policies and requiring employees to return to the office on a schedule similar to pre-pandemic office hours, with...more

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

Constangy, Brooks, Smith & Prophete, LLP

Religious Accommodations, Part Deux: Is the religious belief sincere?

In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appliance Factory for Disability Discrimination

Appliance Store Refused to Provide Reasonable Accommodation to Sales Associate with Long COVID, Federal Agency Charges - DENVER – A&A Appliance, Inc., doing business as Appliance Factory, a corporation operating appliance...more

Troutman Pepper

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper on

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

Jackson Lewis P.C.

What Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments

Jackson Lewis P.C. on

Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,”...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

Ballard Spahr LLP

EEOC Provides “Capstone” COVID-19 Guidance for Employers

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...more

Foley & Lardner LLP

Remote Work Considerations In A Post-Pandemic World

Foley & Lardner LLP on

The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror. Originally published in Law360 - June 1, 2023....more

Tarter Krinsky & Drogin LLP

End of the Federal COVID-19 Public Health Emergency Declaration: Should Employers Rescind COVID-19-related Reasonable...

During the COVID-19 pandemic, employers addressed myriad workplace accommodation requests and endeavored to maintain healthy and safe workplaces while navigating guidance from the federal, state, and local levels addressing...more

Franczek P.C.

EEOC Updates COVID-19 FAQ’s to Reflect End of Pandemic

Franczek P.C. on

Following the official ending of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) released a number of key updates to its COVID-19 technical assistance document, “What you Should...more

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