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
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
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
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
7/10/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
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
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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
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
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
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
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