News & Analysis as of

Employment Policies Employer Liability Issues Undue Hardship

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

Fisher Phillips

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

Fisher Phillips on

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

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

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

Perkins Coie

EEOC Issues Expansive Proposed Rule Regarding Pregnant Workers Fairness Act

Perkins Coie on

The recently enacted Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., public or private employers with more than 15 employees) to provide reasonable accommodations to “qualified” employees or candidates...more

Sheppard Mullin Richter & Hampton LLP

Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed...

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers...more

Parker Poe Adams & Bernstein LLP

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

Butler Snow LLP

Employers Need to Prepare for New Religious Accommodation Requests

Butler Snow LLP on

Religious accommodation historically - Employers are quite familiar with the concept of “accommodation;” however, for the last 46 years they have not had to spend much time or effort dealing with an employee’s request to...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...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

Miller Nash LLP

Washington Court Revives Public Employee’s Religious Accommodation Claim

Miller Nash LLP on

Adelina Suarez was a Certified Nursing Assistant (CNA) who worked for a state-operated certified residential nursing facility for vulnerable, disabled adults in Yakima, Washington. Throughout her employment, which was covered...more

Littler

Dear Littler: Must we accommodate an employee’s religious views in every instance?

Littler on

Dear Littler: I’m an HR representative at an advertising agency based in New York City. We have a question about a religiously vocal employee. Recently she has made her opinions on homosexuality known to her entire...more

Fisher Phillips

An Employer’s 3-Step Guide to Responding to COVID-19 Vaccine Religious Objections

Fisher Phillips on

As the Delta variant surges throughout the country, more and more employers are implementing mandatory vaccine policies, especially now that the Pfizer vaccine has received full FDA approval. Most employers know they may need...more

Troutman Pepper

EEOC Updates and Expands COVID-19 Vaccination Technical Assistance and Rules for Employer Vaccine Incentives

Troutman Pepper on

Who Needs to Know - All employers considering mandatory vaccinations and vaccine incentives at the workplace. Why It Matters - The EEOC updated technical assistance questions and answers regarding COVID-19...more

Haynsworth Sinkler Boyd, P.A.

Employers Are Legally Permitted To Mandate COVID-19 Vaccinations, But Should They?

Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory...more

Cooley LLP

Alert: EEOC Issues COVID-19 Vaccine Guidance

Cooley LLP on

The US Equal Employment Opportunity Commission (EEOC) issued revised guidance on December 16 relating to COVID-19 vaccines in the workplace. As the Food and Drug Administration began to authorize emergency use of vaccines,...more

Lewitt Hackman

Vaccination Guidance for Employers: Frequently Asked Questions

Lewitt Hackman on

In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should...more

Mintz - Employment Viewpoints

EEOC Guidance Defines Contours of Permissible Mandatory Workplace Vaccination

The EEOC has updated its guidance regarding mandatory vaccination in the workplace and has outlined the permissible scope of a mandatory vaccination program. While the guidance has neither the force nor application of a...more

Troutman Pepper

When the COVID-19 Vaccine Arrives, Will Your Business Be Ready?

Troutman Pepper on

Why It Matters - Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too. ...more

Bradley Arant Boult Cummings LLP

Religion in the Secular Workplace: New Directions in the EEOC’s Enforcement of Title VII

On November 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) published for public comment a proposed update to its Compliance Manual Section on Religious Discrimination for public comment, which has not been...more

McAfee & Taft

Can an employer require COVID-19 vaccinations?

McAfee & Taft on

Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to...more

Nossaman LLP

On-Demand Webinar | Employment Issues With a COVID-19 Vaccine

Nossaman LLP on

Each month, Nossaman's 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 programs are followed...more

Carlton Fields

Workplace Vaccination Policies During a Pandemic

Carlton Fields on

With colder weather beginning to creep in, many employers are, for good reason, looking at their influenza vaccination policies with fresh eyes. COVID-19 and the seasonal flu share common symptoms, which can complicate an...more

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

Mandatory COVID-19 Vaccination: Is It Legal and Is It Right for Your Workplace?

By all accounts, the availability of a vaccine for COVID-19 is a matter of when, not if. According to the World Health Organization, as of August 25, 2020, 173 potential vaccines are currently being developed in labs across...more

Polsinelli

A Vaccine is Coming: Can Employers Require Employees to Take it?

Polsinelli on

As clinical trials continue across the world for a COVID-19 vaccine, many employers are asking whether they will be able to require employees to take the vaccine when it becomes available in the United States. Like with so...more

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