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Reasonable Accommodation Employer Liability Issues

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

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Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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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

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Littler

Awareness to Action: The Progress and Future of UK Disability Laws

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Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

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To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

Stoel Rives - World of Employment

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in...more

Clark Hill PLC

Lactation Accommodation Results in Misconduct Firing, Tenth Circuit Affirms

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Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

Dentons

Insurance Issues: FMLA, Extended Leave, and Terminations

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As many employers discovered during the COVID pandemic, one of the most complex components of leave can be whether an employee’s health insurance is continued throughout the leave or, according to the health insurance...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

CDF Labor Law LLP

[Webinar] Avoiding Litigation - Effective Disability Accommodation Practices for California Employers - August 22nd, 10:00 am PT

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CDF Partners Leigh A. White and Marianne C. Koepf will present an insightful webinar on one of the fastest-growing areas of litigation in California: disability discrimination and reasonable accommodation. With the...more

U.S. Equal Employment Opportunity Commission...

Hank’s Furniture to Pay $110,000 in EEOC Religious Discrimination Lawsuit

Settles Federal Charges Nationwide Furniture Retailer Failed to Accommodate an Employee’s Sincerely Held Religious Beliefs and Terminated Her - MOBILE, Ala.  – Hank’s Furniture, Inc. (HFI), a nationwide furniture retailer,...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Fisher Phillips

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....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

Parker Poe Adams & Bernstein LLP

Considering an ADA Accommodation Does Not Require Employers to Make It

When a disabled employee requests a workplace accommodation, the Americans with Disabilities Act instructs the employer to determine whether the requested accommodation (or an alternative) allows the employee to perform the...more

Epstein Becker & Green

Act Now: New York Employers Must Provide Paid Lactation Breaks to Employees

All New York employers are now required to provide 30-minute paid lactation breaks following a recent amendment to Labor Law § 206-c. New York State has long required employers to support working mothers by providing...more

McAfee & Taft

Gavel to Gavel: Increased employer obligations for accommodating pregnant employees

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Just last week, the Equal Employment Opportunity Commission’s final rule interpreting the Pregnant Workers Fairness Act went into effect. And while the law, which went into effect last June, and its regulations share some...more

Lippes Mathias LLP

Highlights of the EEOC's Final Regulations on the Pregnant Workers Fairness Act

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On April 15, 2024, the Equal Employment Opportunity Commission ("EEOC") issued its final regulations interpreting the Pregnant Workers Fairness Act ("PWFA"). The PWFA became effective on June 27, 2023, and the regulations...more

UB Greensfelder LLP

States and Religious Entities Challenge EEOC’s Final Rule Mandating Accommodations for Elective Abortions under the Pregnant...

UB Greensfelder LLP on

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. Under the PWFA, a covered employer with 15 or more employees is required to provide a reasonable accommodation to a qualified employee’s or...more

Poyner Spruill LLP

Pregnant Workers Fairness Act Faces Major Pushback from Religious Organizations and Conservative States

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A federal judge in Louisiana granted a temporary injunction that prevents the Equal Employment Opportunity Commission (“EEOC”) from enforcing protections for workers seeking an abortion....more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Fenwick & West LLP

Federal and NY Worker Leave and Accommodation Developments

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EEOC Publishes Final Regulations on the Pregnant Workers Fairness Act. On June 18, 2024, the Equal Employment Opportunity Commission’s (EEOC) final regulations clarifying the scope of the Pregnant Workers Fairness Act...more

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