News & Analysis as of

Reasonable Accommodation Employment Policies 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

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

Fisher Phillips on

The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...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

Foster Swift Collins & Smith

Preparing Employers | New Regulations for the Pregnant Workers Fairness Act: Michigan Labor and Employment Law

On April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA). The new regulations, which will take effect June 18, 2024,...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

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...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

Paul Hastings LLP

PWFA Proposed Regulations and Potential Areas of Comment for Employers

Paul Hastings LLP on

The federal Pregnant Workers Fairness Act (“PWFA”) became effective on June 27, 2023. Employers with 15 or more employees are now required to reasonably accommodate a worker’s “known limitation” related to pregnancy,...more

Miles & Stockbridge P.C.

EEOC Proposes Regulations for the Pregnant Workers Fairness Act

We continue to track updates to the Pregnant Workers Fairness Act (“PWFA”) that took effect June 27. On Aug. 7, the EEOC released its Notice of Proposed Rulemaking for implementing the PWFA (“Proposed Rule” or “Proposed...more

Bricker Graydon LLP

EEOC Issues Notice of Proposed Rulemaking: What You Need to Know

Bricker Graydon LLP on

In April of this year, Bricker Graydon attorneys published an article describing how the Pregnant Worker’s Fairness Act (PWFA) would take effect on June 27, 2023, and will require employers with 15 or more employees to...more

Miller Canfield

EEOC Provides Guidance on Implementing the Pregnant Workers Fairness Act 

Miller Canfield on

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) posted a Notice of Proposed Rulemaking (NPRM) for the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023....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

Venable LLP

Separation of Church and Cubicle: Supreme Court Considers Increasing Burden on Employers

Venable LLP on

How far must employers go to accommodate their employees' sincerely held religious beliefs? Last month, the Supreme Court heard oral argument in Groff v. DeJoy, a case that asks the Justices to answer this very question—and...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

Fox Rothschild LLP

May Employers Require Employees To Be Vaccinated For COVID-19: The EEOC Weighs In

Fox Rothschild LLP on

As an unprecedented operation begins to deploy millions of doses of COVID-19 vaccines across the country, employers question whether they may lawfully require that employees be vaccinated. Today, the U.S. Equal Opportunity...more

ArentFox Schiff

EEOC Updates Guidance on COVID Vaccines: Mandatory Vaccinations Permitted, With Some Exceptions

ArentFox Schiff on

Both practical and legal issues will need to be resolved, but as of today, the EEOC has signaled that mandatory COVID vaccinations are lawful for the vast majority of employees. On December 16, 2020, the Equal Employment...more

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