News & Analysis as of

Reasonable Accommodation Hiring & Firing Duty to Accommodate

Bradley Arant Boult Cummings LLP

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face...more

Amundsen Davis LLC

U.S. House Of Representatives Passes Pregnant Workers Fairness Act

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On September 17, 2020, the House voted 329-73 to pass the Pregnant Workers Fairness Act. The bill seeks to clarify the law and require employers to make reasonable accommodations for employees impacted by a known...more

Hinshaw & Culbertson LLP

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

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Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Foley & Lardner LLP

The Massachusetts Pregnant Workers Fairness Act Is Now In Effect: What Employers Need To Know

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On April 1, 2018, the Massachusetts Pregnant Workers Fairness Act (the Act) went into effect, creating several rights and protections for pregnant workers, as well as for workers who have conditions related to pregnancy. The...more

Mintz - Employment Viewpoints

MA Pregnant Workers Fairness Act Goes Into Effect April 1, 2018

As 2017 starts to wind down, Massachusetts employers should start reviewing and revising their employment policies and practices so they are prepared for the Massachusetts Pregnant Workers Fairness Act (PWFA), which goes into...more

Ballard Spahr LLP

Nevada Pregnant Workers' Fairness Act Goes Into Effect October 1

Ballard Spahr LLP on

The Nevada Pregnant Workers' Fairness Act (NPWFA) goes into effect Sunday, October 1, 2017. The NPWFA applies to employers with 15 or more employees and generally expands the scope of protections provided to female employees...more

Hinshaw & Culbertson LLP

Baby Bump to Pregnant Employee Rights: Massachusetts Enacts Pregnant Workers Fairness Act

In another effort to take aim at disparate treatment of women in the workforce, Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act on July 27, 2017. The new law takes effect...more

Foley Hoag LLP

Massachusetts Adopts New Workplace Protections for Pregnant Workers

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On July 28, 2017, Massachusetts Governor Charlie Baker signed the Pregnant Workers Fairness Act (“PWFA”) into law. The PWFA, which will go into effect on April 1, 2018, requires that employers provide reasonable...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Littler

Nevada Expands Protections for Pregnant Workers

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Nevada first included sex as a protected category in 1967. That year, the legislature passed Assembly Bill No. 7, which included for the first time sex discrimination as an unlawful employment practice. Twenty-one years...more

Foley Hoag LLP

Massachusetts House Passes Bill to Expand Protections for Pregnant Workers

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Last week, the Massachusetts House of Representatives unanimously passed the Massachusetts Pregnant Workers Fairness Act (H.3680). If the bill becomes law, it will expand employment protections for pregnant workers in...more

Ruder Ware

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Ruder Ware on

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

Jackson Lewis P.C.

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Jackson Lewis P.C. on

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

Stinson LLP

Are You Ready for Colorado's Pregnant Workers Fairness Act?

Stinson LLP on

New accommodation and notice requirements are effective next week. With a law signed earlier this summer, Colorado became the 17th state to require private-sector employers to provide certain accommodations to pregnant...more

Farella Braun + Martel LLP

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Seyfarth Shaw LLP

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

Seyfarth Shaw LLP on

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Foley & Lardner LLP

Don’t Ask, Don’t Tell? When It Comes to Religious Accommodation, the Supreme Court Offers Guidance (Well, Sort Of…)

Foley & Lardner LLP on

What if it looks like someone may need a religious accommodation, but the individual never asks? Does the company still have a duty to accommodate? In a much awaited opinion, the Supreme Court, in an 8-1 decision, determined...more

Sherman & Howard L.L.C.

Do You Have to Guess?

Employers don’t have to guess an employee’s disability and force an accommodation under the ADA. In Walz v. Ameriprise Financial, Inc., No. 14-2495 (8th Cir. March 9, 2015), an employer fired its employee for repeated...more

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