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Essential Functions

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Parker Poe Adams & Bernstein LLP

Employers May Modify or End Accommodations Based on Changes to Job

When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

Tucker Arensberg, P.C. on

When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

CDF Labor Law LLP

California Court of Appeals Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions

CDF Labor Law LLP on

This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more

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

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Parker Poe Adams & Bernstein LLP

Considering an ADA Accommodation Does Not Require Employers to Make It

When a disabled employee requests a workplace accommodation, the Americans with Disabilities Act instructs the employer to determine whether the requested accommodation (or an alternative) allows the employee to perform the...more

Fisher Phillips

Key Points California Employers Need to Know About New Federal Pregnancy Accommodation Requirements

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Employers face significant new pregnancy accommodation requirements thanks to recent federal regulations under the Pregnancy Workers Fairness Act (PWFA) that took effect last month. But did you know that California employers...more

Fenwick & West LLP

Federal and NY Worker Leave and Accommodation Developments

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EEOC Publishes Final Regulations on the Pregnant Workers Fairness Act. On June 18, 2024, the Equal Employment Opportunity Commission’s (EEOC) final regulations clarifying the scope of the Pregnant Workers Fairness Act...more

Snell & Wilmer

The EEOC Expands Employers’ Requirements to Accommodate Pregnancy and Childbirth Under the Pregnant Workers Fairness Act

Snell & Wilmer on

On April 19, 2024, the Equal Opportunity Employment Commission (EEOC) issued a final rule (the Rule) to implement the Pregnant Workers Fairness Act (PWFA). Although the PWFA went into effect last year in June 2023, the EEOC’s...more

Holland & Hart - Employers' Lawyers

What Employers Should Know About The Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (the “EEOC”) issued a final regulation to implement the Pregnant Workers Fairness Act (“PWFA”). The regulation goes into effect on June 18, 2024....more

Smith Anderson

EEOC Delivers: Pregnant Workers Fairness Act Regulations Take Effect June 18, 2024

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After a lengthy gestation period, the U.S. Equal Employment Opportunity Commission delivered its Pregnant Workers Fairness Act (PWFA) regulations....more

Venable LLP

EEOC Finalizes Expansive Accommodation Requirements under the Pregnant Workers Fairness Act

Venable LLP on

The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023 and requires that employers with 15 or more employees provide reasonable accommodations to qualified employees and applicants with known limitations...more

Holland & Knight LLP

EEOC Delivers Final Rule Implementing the Pregnant Workers Fairness Act

Holland & Knight LLP on

The U.S. Equal Employment Opportunity Commission's (EEOC) issued its much-awaited final rule implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The PWFA requires employers to provide pregnant workers or...more

Miles & Stockbridge P.C.

EEOC Issues Final Rule on Pregnant Workers Fairness Act

As we previously wrote when the Pregnant Workers Fairness Act (PWFA) went into effect in June 2023, the law requires most employers with 15 or more employees to provide “reasonable accommodations” for a qualified employee’s...more

Genova Burns LLC

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

Genova Burns LLC on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Plaintiff Must Show Ability to Perform Essential Job Functions

When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Does Not Require Employers to Reallocate Nonessential Work Functions

When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...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

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