News & Analysis as of

Undue Hardship

Court Hands Victory To Employer In “Leave After Leave” Battle

by Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

The “Mark of the Devil” and Religious Discrimination

Although Halloween is only a few days behind us, employers should take note of a “devilish” decision from a Pennsylvania federal court in a discrimination case late last month....more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Washington State Enacts Healthy Starts Act, Requires Accommodation for Pregnant Employees Regardless of Disability

The new Washington state Healthy Starts Act requires employers with 15 or more employees to provide accommodations to pregnant employees above and beyond those accommodations required by other available laws, including the...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

The case for capacity: Supreme Court of Canada upholds employee’s termination based on breach of “no free accident rule” in...

by DLA Piper on

Managing employee drug and alcohol addictions has long been a thorny issue for employers. Because addiction is accepted as a mental disability, it is a delicate balancing act to ensure employee privacy and human rights are...more

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

by FordHarrison on

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging....more

Georgia Blue Sued By EEOC For Rescinding Job Offer To Employee Who Needed Religious Accommodation

Female Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - JACKSON, Miss. - Georgia Blue, LLC, a chain of restaurants specializing in a blend of Southern and Creole foods in Flowood, Madison,...more

The Non-Dischargeable Student Loan - BB&K Attorney Cathy Ta Writes for Riverside Lawyer Magazine

by Best Best & Krieger LLP on

Obtaining a bankruptcy discharge of debts is the primary tool in providing the "honest but unfortunate debtor" a fresh start. Yet, a student loan made or guaranteed by a governmental unit or nonprofit is excepted from the...more

Washington Employers: Prepare To Face New Workplace Laws

by Fisher Phillips on

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these...more

Two Weeks Until New Protections for Pregnant Employees Become Effective

by Shipman & Goodwin LLP on

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT...more

The Hub: Transportation News & Insights - September 2017

by Wilson Elser on

Distracted Driving: Not the End of the Road - As a claims professional or attorney, never jump to conclusions when you learn about a distracted driver claim. As the facts surrounding the accident begin to develop,...more

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

by Murtha Cullina on

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Expanded Protections for Working Mothers in San Francisco

Effective January 1, 2018, San Francisco will expand available protections for nursing mothers working within city limits. California law currently requires employers to provide lactating employees with a reasonable amount of...more

Nevada’s Pregnant Workers’ Fairness Act Becomes Effective October 1, 2017: What Employers Need To Know

by Payne & Fears on

Nevada’s Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees for conditions related to pregnancy, childbirth, or a related medical condition. The NPWFA takes effect on October...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

by K&L Gates LLP on

This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

Connecticut and Massachusetts Expand Protections for Pregnant Employees

by Epstein Becker & Green on

Two laws mandating pregnancy accommodations for employees were recently passed. On July 6, 2017, Connecticut Governor Dannel Malloy signed into law “An Act Concerning Pregnant Women in the Workplace” (“Connecticut Act”). The...more

After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery

by Zapproved LLC on

Judge Shifts Costs to Counsel in Employment Discrimination Case - Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195 (ADS) (AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017). In this employment discrimination case,...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Mass. Court Clouds Marijuana in the Workplace Issues

by Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Massachusetts Enacts Pregnant Workers Fairness Act

On July 27, 2017, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act, requiring Massachusetts employers to provide pregnant women and new mothers with “reasonable accommodations” for their...more

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

by Fisher Phillips on

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business...more

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

by Fisher Phillips on

The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA),...more

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