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Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

ADA May Require Employer to Provide ASL Interpreter for Routine Meetings

Earlier this month, the Equal Employment Opportunity Commission announced settlement of a disability discrimination lawsuit brought by the agency against a Florida fast-food restaurant franchisee. The lawsuit alleged that the...more

Fourth Circuit Says ADA Does Not Give Employee Right to 'Redefine Job'

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a qualified disabled person to perform the essential functions of their job. The question of what constitutes a reasonable...more

New Legal Standard for Religious Accommodations Raises Questions Over Non-Economic Impacts of Requests

Last week, the U.S. Supreme Court’s decision in Groff v. DeJoy upended long-held assumptions over the legal standard used to review employers’ responses to employees’ requests for religious accommodations under Title VII....more

New Pregnancy Accommodation Law Takes Effect June 27

In December, Congress passed the Pregnant Workers Fairness Act (PWFA). The new law takes effect Tuesday, June 27, and it applies to employers with 15 or more employees. ...more

Eighth Circuit Says Employer Not Obligated to Allow Service Dog at Work

In recent years, the use of service dogs and other animals has expanded from assisting persons with visual impairments to others with chronic diseases or psychological disabilities. The Americans with Disabilities Act...more

New York City Adds Weight and Height to Protected Classes for Employment Purposes

Last month, New York City Mayor Eric Adams signed a new ordinance that adds weight and height to the city’s antidiscrimination prohibitions. The new measure means that employers in New York can be sued for discrimination...more

Employer Not Obligated to Immediately Inform Employee of Possible Alternative ADA Accommodations

In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Remote Work Policies Should Contain Provisions for ADA Accommodations

Many of our clients continue to develop and refine their remote work policies. Changes to employee expectations following the COVID-19 pandemic have made these policies a crucial recruiting and retention tool for many...more

Should Employers Use FMLA Medical Certification Forms for Non-FMLA Eligible Employees?

​​​​​​​In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more

ADA Only Allows Interference Claims Against Employers

​​​​​​​The Americans with Disabilities Act (ADA) allows qualified disabled persons to sue based on interference with their civil rights under that statute. Earlier this month, the Sixth Circuit Court of Appeals rejected an...more

Employers Should Provide FMLA Leave Even if Employee is Unlikely to Return to Work

​​​​​​​A client recently received a demand letter from an attorney representing a former employee who suffered a serious neurological incident. The employee’s spouse provided a doctor’s note indicating that the employee could...more

How Should Employers Respond to the Monkeypox Outbreak?

​​​​​​​Earlier this month, the Biden administration declared a national health emergency based on the spread of the monkeypox virus. Employers that have endured the COVID-19 emergency may be asking whether there are any steps...more

Above-Average Performance Reviews Counter Employer's Grounds for Termination

​​​​​​​“Grade inflation” is a well-known phenomenon in the academic sphere, where grade-point averages creep up over time despite the lack of performance-based reasons for the increase. Grade inflation can also be an issue...more

ADA Allows Employers To Discipline Employees For Behavior Caused By Medical Conditions

Under the Americans with Disabilities Act (ADA), employers cannot discriminate against an otherwise qualified individual with a disability or fail to provide reasonable accommodations that allow that person to perform the...more

EEOC Changes Technical Guidance on Employer COVID-19 Testing

On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more

EEOC Guidance Says Medical Exemptions to Vaccination Mandates Can Only Be Denied Based on Direct Threat

The Equal Employment Opportunity Commission’s (EEOC) revised COVID-19 Technical Assistance Q&A clarifies how employers should evaluate employee requests for exemptions from mandatory vaccination requirements based on medical...more

Federal Court Decision Holds Delta-8 Not Considered Marijuana Under Federal Law

Last week’s EmployNews included an article summarizing a federal district court decision in Louisiana that distinguished an employee’s use of CBD oil from the use of marijuana under federal law. This decision raises questions...more

Must Employers Ignore Positive Drug Tests Caused By CBD Use?

In recent years, we have advised employers whose employees tested positive for marijuana, but the employee claimed that the positive test resulted from their use of legal CBD oil or related products. Some employers have...more

DOJ ADA Accessibility Guidance May Prompt Companies to Redesign Websites

Title III of the Americans with Disabilities Act (ADA) requires public accommodations to provide goods and services accessible to disabled persons. While most Title III litigation has centered around access to physical...more

ADA-Covered Disability Does Not Need to be Long Term

The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

EEOC Updates Guidance on When COVID-19 Can Count as a Protected Disability

On December 14, the Equal Employment Opportunity Commission issued updates to its technical assistance for employers dealing with employees who are recovering from COVID-19 infections. The EEOC previously stated that...more

Should Employers Ask Applicants About Vaccination Status?

As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more

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