News & Analysis as of

Americans with Disabilities Act (ADA) Reasonable Accommodation California Fair Employment and Housing Act

Weintraub Tobin

(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Weintraub Tobin on

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more

Proskauer - California Employment Law

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more

Farella Braun + Martel LLP

Pregnant Workers Fairness Act: What California Employers Need to Know

In 2023, the U.S. Congress passed the Pregnant Workers Fairness Act (“PWFA”) and, in June 2024, the Equal Employment Opportunity Commission’s (“EEOC’s”) regulations interpreting the PWFA took effect. In general, the PWFA...more

Bailey & Glasser, LLP

Pandemic-Era Requests for Workplace Accommodations by Caregivers: Navigating Employer Liability under New EEOC Guidance and...

Bailey & Glasser, LLP on

On March 14, 2022, the Equal Employment Opportunity Commission (EEOC) issued new technical assistance guidance entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws.” In...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

Fisher Phillips on

The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

CDF Labor Law LLP

Five Bars of Wi-Fi Are Grounds For Disability Claims

CDF Labor Law LLP on

The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

Constangy, Brooks, Smith & Prophete, LLP

CA Agency Guidance Addresses Employer-Mandated COVID Vaccinations

May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes. On March 4, the DFEH...more

Jackson Lewis P.C.

Ask A Litigator: What Should Employers Know About The Interactive Process?

Jackson Lewis P.C. on

As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Mandate COVID Vaccines, But Don’t Forget FEHA!

A welcome clarification. May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes....more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

Nossaman LLP

On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers

Nossaman LLP on

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

Cozen O'Connor

COVID-19 FAQs For California Employers

Cozen O'Connor on

We have prepared the following FAQ to guide California employers with respect to their workplace policies and their response to the orders and laws that have been passed at the federal, state and local level to contend with...more

Lewitt Hackman

COVID-19: Return to Work Employer FAQs

Lewitt Hackman on

Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more

Lewitt Hackman

EEOC Provides Guidance on COVID-19 Testing in the Workplace as Employers Prepare for Lifting of Stay at Home Orders

Lewitt Hackman on

Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more

Seyfarth Shaw LLP

Leave It To California – Post FMLA/CFRA/PDL Leave and FEHA

Seyfarth Shaw LLP on

When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map....more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Manatt, Phelps & Phillips, LLP

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Seyfarth Shaw LLP

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Fox Rothschild LLP

ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal

Fox Rothschild LLP on

The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by...more

Fox Rothschild LLP

ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes

Fox Rothschild LLP on

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability...more

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