News & Analysis as of

Employer Liability Issues Americans with Disabilities Act (ADA) Employment Policies

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

BCLP on

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....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

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

Fisher Phillips on

The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Weintraub Tobin

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter

Maynard Nexsen on

This week, hosts Tina and Jennie welcome Paul Porter, a plaintiff’s attorney and certified labor & employment specialist with Cromer, Babb & Porter. Paul uses his experience on the opposite side of the Bar to inform employers...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

FordHarrison on

Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Dentons

Bite with no Bark: Eighth Circuit Recognizes Limitations on Certain ADA Accommodations

Dentons on

In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more

Harris Beach PLLC

[Webinar] 2024 Labor and Employment Series: Workplace Leave Laws - June 27th, 8:00 am - 9:45 am EST

Harris Beach PLLC on

The Labor and Employment Team at Harris Beach invites you to join us for discussion of critical labor and employment law developments at our annual webinar series....more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Ballard Spahr LLP

New EEOC Pregnant Workers Rule Adds Requirements This Month

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) has issued its final regulations for the Pregnant Workers Fairness Act (PWFA), providing explanation and guidance for employers in implementing the PWFA in their workplaces and...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

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Bradley Arant Boult Cummings LLP

Spring Cleaning: Is Your “Employment House” in Order?

Spring is here (for most of us we hope) with warmer weather, fresh flowers, yard work and outdoor activities. Now is also a good time to ensure your “employment house” is in order. Here are some items for your employment...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

Perkins Coie

EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

Perkins Coie on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the...more

Bass, Berry & Sims PLC

Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act

Bass, Berry & Sims PLC on

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant

Maynard Nexsen on

This week, Tina and Christy welcome Stefania Bondurant, an in-house employment counsel for Michelin North America, which is recognized as one of the best employers in South Carolina. They discuss the Americans with...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

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

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