News & Analysis as of

Reasonable Accommodation Equal Employment Opportunity Commission (EEOC) Corporate Counsel

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

Jackson Lewis P.C.

Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers

Jackson Lewis P.C. on

The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v....more

Littler

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

Littler on

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

Lerch, Early & Brewer

Ten Steps Employers Should Follow to Comply with the Pregnant Workers Fairness Act’s New Regulations

Lerch, Early & Brewer on

In April, the EEOC issued the much awaited regulations interpreting the Pregnant Worker’s Fairness Act, passed by Congress last summer.  The PWFA went into effect on June 27, 2023 and the regulations are effective June 18,...more

Fisher Phillips

Finalized Pregnancy Rule Requires Employers to Accommodate Abortion and More: 8 Things Employers Need to Know

Fisher Phillips on

A finalized rule released by the EEOC Monday will require employers to accommodate applicants and workers who need time off or other workplace modifications for an abortion procedure or recovery. That is the most significant...more

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

The Pregnant Workers Fairness Act: EEOC Issues Final Regulations

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19,...more

Kelley Drye & Warren LLP

EEOC Releases Annual Performance Report for Fiscal Year 2023

It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more

Constangy, Brooks, Smith & Prophete, LLP

Is the Pregnant Workers Fairness Act an invalid law?

At least one judge thinks so. A federal judge in Lubbock, Texas, has permanently enjoined the federal government from enforcing the Pregnant Workers Fairness Act against the State of Texas and its agencies and divisions....more

Seyfarth Shaw LLP

Employers Should Take Note Of New Federal Workplace Accessibility Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well....more

Holland & Hart - Employers' Lawyers

Are Your Company’s Return To Work Policies ADA Compliant? Let’s Review!

On Wednesday, October 4, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to pay $750,000 (among other terms) to settle a case...more

Fisher Phillips

EEOC Brings Claim for Teacher Whose Daughter Has a Disability: 5 Answers for Employers About Association-Based Bias

Fisher Phillips on

A recent lawsuit against a private school focuses on a lesser-known aspect of the Americans with Disabilities Act (ADA) and serves as a reminder that the law also protects employees and job applicants who have a relationship...more

Vedder Price

Seventh Circuit Clarifies that Employers May Be Obligated to Offer an Accommodation Relevant to an Employee’s Work Commute

Vedder Price on

In EEOC v. Charter Communications, LLC, 75 F. 4th 729 (7th Cir. 2023), an employee requested to work an earlier shift because he could not safely drive from work at night due to a vision impairment. Of note, the employee did...more

Parker Poe Adams & Bernstein LLP

Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Proskauer - Law and the Workplace

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

Husch Blackwell LLP on

In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Sherman & Howard L.L.C.

Key to Light Duty Accommodation Policies Is to Not Make Exceptions

The U.S. Court of Appeals for the Seventh Circuit recently held that Walmart did not violate the Pregnancy Discrimination Act (“PDA”) in declining to extend its light duty policy to pregnant employees, largely because it...more

Ballard Spahr LLP

Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC

Ballard Spahr LLP on

The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy...more

Bradley Arant Boult Cummings LLP

Was There a Rainbow Connection? Arkansas Court Allows Religious Discrimination Case to Go Forward over Apron Symbol

Accommodating an employee’s sincerely held religious beliefs can be tricky. In EEOC v. Kroger, a court in Arkansas gives some guidance on how to handle these claims. The case law surrounding religious failure-to-accommodate...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Fisher Phillips on

Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Mintz - Employment Viewpoints

EEOC (Again) Updates Religious Accommodation and Vaccine Mandate Guidance

The EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws. We previously discussed this guidance here. This guidance, updated on March 1,...more

Sherman & Howard L.L.C.

Don’t Go Down with the Ship: Sham Review Process Sinks Navy’s Religious Exemption Policy

In one of the more notorious challenges to COVID-19 vaccine mandates, a group of Navy Special Warfare servicemembers filed suit after the Navy denied their requests for religious accommodations. Last week, a federal court...more

Dickinson Wright

EEOC Lawsuit Reminds Employers of the Legal Issues Involved in Creating and Implementing Remote Work Policies

Dickinson Wright on

This fall, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its...more

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