News & Analysis as of

Reasonable Accommodation Anti-Retaliation Provisions Americans with Disabilities Act (ADA)

Holland & Hart - Employers' Lawyers

The Pregnant Workers Fairness Act aka the EEOC’s New Baby

The Pregnant Workers Fairness Act (PWFA), the newest member of the family of federal anti-discrimination laws, is almost one year old! Instead of inviting employers over for cake and photo ops, after one year of accepting...more

White and Williams LLP

The MCAD’s Fiscal Year 2023 Report: Everything Employers Need to Know

White and Williams LLP on

The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

U.S. Equal Employment Opportunity Commission...

Saint Clare’s Health to Pay $77,550 to Settle EEOC Disability Discrimination Lawsuit

Hospital Withdrew Job Offer Over Pregnancy-Related Impairment, Federal Agency Charged - NEWARK, N.J. – Saint Clare’s Health, a division of Prime Healthcare Services that operates two hospitals in Morris County, New Jersey,...more

ArentFox Schiff

EEOC Addresses Retaliation in Updated COVID-19 Technical Assistance 

ArentFox Schiff on

Last week, the EEOC again updated its COVID-19 technical assistance; this time, to include more information about employer retaliation in pandemic-related employment situations. The update explains and clarifies the...more

U.S. Equal Employment Opportunity Commission...

Agri-AFC, LLC to Pay $40,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee After Learning of His Pre-Existing Back Condition, Federal Agency Charged - JACKSON, Miss. – Agri-AFC, LLC, an agricultural retailer which operates 21 retail locations throughout Alabama, Florida,...more

U.S. Equal Employment Opportunity Commission...

Jordan Carriers to Pay $60,000 to Settle EEOC Disability Discrimination Lawsuit

Flatbed Transportation Company Refused to Hire Applicant Because of Previous Back Injury, Federal Agency Charged - JACKSON, Miss. – Jordan Carriers, Inc., an over-the-road trucking company headquartered in Natchez, Miss.,...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

K&L Gates LLP

Employment Law Developments that will Impact the Health Care Industry in 2021

K&L Gates LLP on

The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more

Bradley Arant Boult Cummings LLP

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face...more

U.S. Equal Employment Opportunity Commission...

Conduent to Pay $77,500 to Settle EEOC Disability Discrimination Lawsuit

Company Failed to Hire Qualified Deaf Applicant, Federal Agency Charged - NEW YORK – Conduent Business Services, LLC, a technology-based business services company headquartered in Florham Park, N.J., will pay $77,500 and...more

Epstein Becker & Green

House Passes Pregnant Workers Fairness Act

Epstein Becker & Green on

After repeated introductions over the course of several years in both the U.S. House of Representatives and the Senate, on September 14, 2020, the House passed HR 2694, the Pregnant Workers Fairness Act (“PWFA”). The stated...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...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

Holland & Knight LLP

5 Tips for Employers to Safeguard Against Employee Discrimination Claims Arising from COVID-19

Holland & Knight LLP on

In the wake of the evolving coronavirus pandemic (COVID-19), employers were suddenly faced with unique challenges to their ability to protect the health and safety of their employees. As a result, many employers transitioned...more

Fisher Phillips

EEOC Lawsuit Push Takes Aim At Hospitality Employers

Fisher Phillips on

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as...more

Hinshaw & Culbertson LLP

7th Circuit Approves Well-Constructed Lateral Transfer As a Reasonable Accommodation

The Seventh Circuit Court of Appeals recently determined that an Illinois Sheriff’s Department did not violate the Americans with Disabilities Act (ADA) by declining to provide a deputy his requested accommodation, an SUV,...more

Foley & Lardner LLP

The Massachusetts Pregnant Workers Fairness Act Is Now In Effect: What Employers Need To Know

Foley & Lardner LLP on

On April 1, 2018, the Massachusetts Pregnant Workers Fairness Act (the Act) went into effect, creating several rights and protections for pregnant workers, as well as for workers who have conditions related to pregnancy. The...more

Cozen O'Connor

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Seyfarth Shaw LLP

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing. Observing...more

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

Colorado Expands Anti-Discrimination Act With Pregnant Workers Fairness Act

On June 1, 2016, Colorado Governor John Hickenlooper signed into law Colorado’s Pregnant Workers Fairness Act. The act, which becomes effective on August 10, 2016, amends the Colorado Anti-Discrimination Act (CADA) and...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

McNees Wallace & Nurick LLC

Can a Fragrance Allergy Lead to an ADA or FMLA Claim?

No, we’re not talking about the skit performed by the McNees Players at our recent Labor and Employment Seminar. In a recent case, an employee alleged that she suffered from a fragrance allergy and “multiple chemical...more

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