News & Analysis as of

Undue Hardship

Manatt, Phelps & Phillips, LLP

Religious Discrimination Case Over Vaccine Mandate Revived in First Circuit

The First U.S. Circuit Court of Appeals reversed dismissal of a Title VII religious discrimination claim filed by a hospital employee who was terminated for not getting a COVID-19 vaccine....more

Verrill

Frequently Asked Questions (and Answers) Concerning Maine’s Paid FMLA Law

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As we enter the fourth quarter and await the reveal of the state’s third iteration of revisions to the proposed rules governing the state’s Paid FMLA statute, what are some things all Maine employers (and employers outside of...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

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

Prayers for Religious Holiday Time Off May Need to be Accommodated by Employers

Knowing several religious holidays are coming up soon, employers can take steps to avoid triggering religious discrimination and reasonable accommodation lawsuits. Consistently applying paid time off rules can help to prevent...more

Poyner Spruill LLP

EEOC Settlement Underscores Heightened Undue Hardship Religious Accommodation Standard

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Suncakes NC, LLC, a North Carolina-based company, and Suncakes, LLC, a Texas-based company doing business as IHOP (collectively “Suncakes”), will pay $40,000 and provide other relief to settle a religious discrimination and...more

Parker Poe Adams & Bernstein LLP

ADA Accommodation Obligation Requires Medical Necessity

We recently had a client forward a note from a professional counselor sent on behalf of an employee. The note said that the employee had been diagnosed with anxiety and depression, and that it would help if the employer...more

Holland & Hart - Employers' Lawyers

Demystifying Qualifications for PWFA

Question: Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment?...more

Fisher Phillips

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

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The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to...more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Whiteford

Employment Law Update: Workplace Religious Accommodations and Islamic Prayer

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Few issues are more sensitive for employers than accommodating employees’ religious practices and observances. In recent years, Muslim employees and their employers have struggled with how to handle the religious requirement...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

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more

Smith Debnam Narron Drake Saintsing & Myers,...

Balancing Bumps and Business: What Employers Need to Know About the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which became effective on June 27, 2023, requires covered employers to provide a reasonable accommodation for a qualified employee’s limitations surrounding pregnancy and childbirth...more

Holland & Knight LLP

Religious Institutions Update: July 2024

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Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...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

McAfee & Taft

Oh Baby: Pregnant Workers Fairness Act final regulations now in effect

McAfee & Taft on

On April 19, 2024, the Equal Employment Opportunity Commission published its final rule interpreting the Pregnant Workers Fairness Act. Today, the newly minted regulations went into effect....more

Mintz - Employment Viewpoints

EEOC PWFA Final Rule Goes Into Effect June 18, 2024: Key Takeaways for Employers

The Pregnant Workers Fairness Act (PWFA), which has been in force since June 27, 2023, expands protections for individuals by requiring covered employers make reasonable accommodations to “known limitations” related to...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

Woods Rogers

EEOC Issues New Rule on the Pregnant Workers Fairness Act

Woods Rogers on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Final Rule on implementing the Pregnant Workers Fairness Act (PWFA). The PWFA was enacted in December 2022 and has been in effect since June...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath the “substantial increased costs” needed to reject a request for a religious accommodation?

Complete answers may be several years in the making. A year ago this month, in Groff v. DeJoy, the Supreme Court of the United States held that an employer who rejects a request for a religious accommodation “must show that...more

Jackson Lewis P.C.

Maine Department of Labor Releases Proposed Rules for Paid Family and Medical Leave Program

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The Maine Department of Labor announced proposed rulemaking on May 20, 2024, to implement the upcoming Maine Paid Family and Medical Leave Program. Maine DOL’s rulemaking has been expected following the Maine Legislature’s...more

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Parker Poe Adams & Bernstein LLP

Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more

Jackson Lewis P.C.

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Jackson Lewis P.C. on

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...more

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