News & Analysis as of

Employment Policies Employer Liability Issues Failure to Accommodate

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

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...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

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Laner Muchin, Ltd.

When Does a Requested Religious Accommodation Pose an Undue Hardship?

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more

Bradley Arant Boult Cummings LLP

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Littler on

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

Fisher Phillips on

The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

U.S. Equal Employment Opportunity Commission...

Club Demonstration Services Sued by EEOC for Disability Discrimination

Employer Denied Needed Bathroom Breaks to Worker with Bladder Condition, Federal Agency Charges - JUNEAU, Alaska - Club Demonstration Services, Inc. violated federal law when it refused to accommodate an employee in...more

Epstein Becker & Green

New Jersey Appellate Division Permits Medical Marijuana User to Proceed with Disability Discrimination Claims Under LAD

Epstein Becker & Green on

In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law...more

Dickinson Wright

The Sixth Circuit Offers Employers Guidance on the Americans with Disabilities Act’s “Interactive Process”

Dickinson Wright on

On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act’s (“ADA”) “interactive process” and what...more

Kelley Drye & Warren LLP

Healthcare Employer Off the Hook In A Rubella Vaccine Case

Kelley Drye & Warren LLP on

While most of us rarely think about rubella – a largely forgotten disease that should have disappeared with the “MMR” vaccine – it was the focus of a recent Eighth Circuit decision this month. If you are asking yourself how...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Foley & Lardner LLP

An Accommodation Request? But We Were Just Talking!

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In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more

Troutman Pepper

Accommodations May Be Needed For Hearing-Impaired Job Applicants And Employees

Troutman Pepper on

Q: I understand that employers may be required to offer reasonable accommodations to hearing-impaired applicants and employees. When are accommodations required?  What kind of accommodations must employers offer?...more

Ballard Spahr LLP

Federal Judge in N.J. Dismisses Employee's Claim of Failure to Accommodate Medical Marijuana Use

Ballard Spahr LLP on

In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more

Clark Hill PLC

Massachusetts Medical Marijuana Users Can Sue For Failure to Accommodate a Disability

Clark Hill PLC on

In Barbuto v. Advantage Sales and Marketing (ASM), the Massachusetts Supreme Judicial Court recently ruled that employees can sue employers for failure to accommodate a disability if they are terminated or otherwise...more

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