News & Analysis as of

State and Local Government Disability Discrimination Reasonable Accommodation

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Mandelbaum Barrett PC

New Jersey Officially Introduces Driver’s License Notation for Autistic Motorists

Mandelbaum Barrett PC on

Autistic motorists in New Jersey, as well as their parents/Guardians, are now able to request that their autism diagnoses be notated on their driver’s license. This notation will appear as a code in the “restrictions” column...more

Woods Rogers

2021 Special Session Imposes New Obligations on Employers Under the Virginia Human Rights Act

Woods Rogers on

The 2021 Virginia General Assembly Special Session wrapped up earlier this month with a number of changes that will impact employers. Among the bills that have been signed into law is HB 1848, which amends the Virginia Human...more

McNees Wallace & Nurick LLC

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

The answer to this question is . . . it depends.  Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

Cozen O'Connor on

In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

Littler

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to...

Littler on

Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more

Herbert Smith Freehills Kramer

NYC Commission on Human Rights Issues Guidance on Expanded Protections for Independent Contractors and Freelancers

The New York City Commission on Human Rights (the Commission) has published guidance regarding an amendment to the New York City Human Rights Law (NYCHRL) that expanded protections under the law to independent contractors and...more

Troutman Pepper Locke

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper Locke on

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

Littler

Recent and Upcoming Changes to Oregon Pregnancy & Childbirth Accommodations Laws

Littler on

Women with children are the fastest-growing segment of the workforce. Six in every ten new mothers are working.  Against that backdrop, the Oregon legislature recently enacted two new laws, changing and clarifying the rules...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Seyfarth Shaw LLP

New Jersey Governor Clears the Medical Cannabis Haze

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more

Troutman Pepper Locke

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper Locke on

Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

Seyfarth Shaw LLP

Cannabis in California: High Time to Smoke Out the Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more

Troutman Pepper Locke

Employers May Have to Accommodate Medical Marijuana Users Under Some State Laws

Troutman Pepper Locke on

Q: Can my company refuse to hire or terminate an individual because the individual is a medical marijuana user? A: Not necessarily. ...more

Cozen O'Connor

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

Cozen O'Connor on

Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry. ...more

Seyfarth Shaw LLP

As Effective Date For “Cooperative Dialogue” Approaches, New York City Issues Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Jackson Lewis P.C.

New York City ‘Cooperative Dialogue’ Mandate Over Accommodations Requests Starts October 15

Jackson Lewis P.C. on

Employers covered by the New York City Human Rights Law (HRL) must engage in a “cooperative dialogue” with persons who may be entitled to reasonable accommodations under the HRL beginning October 15, 2018. This...more

Seyfarth Shaw LLP

Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more

Kelley Drye & Warren LLP

Altered State: Navigating the Haze Around Medical Marijuana in the Workplace

Medical marijuana occupies a gray space within the United States. Marijuana is an illegal drug under federal law and is included on the Drug Enforcement Administrations’ Schedule I, along with heroin and LSD. The drugs on...more

Seyfarth Shaw LLP

Addressing Alcoholism In The California Workplace

Seyfarth Shaw LLP on

It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more

Seyfarth Shaw LLP

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

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

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Farrell Fritz, P.C.

Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use...

Farrell Fritz, P.C. on

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development (“the Departments”) have issued numerous guidance documents and policy statements to...more

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