News & Analysis as of

Reasonable Accommodation Family and Medical Leave Act (FMLA) Undue Hardship

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

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

McGlinchey Stafford

Pregnant Workers Fairness Act: EEOC Regulations Finalized

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On December 9, 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Equal Employment Opportunity Commission (EEOC) issued proposed regulations on August 11, 2023, and stakeholders had sixty (60)...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

Bricker Graydon LLP

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

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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

McGlinchey Stafford

EEOC Accepts Charges Under New Pregnant Workers Fairness Act

McGlinchey Stafford on

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) went into effect. According to the House Committee on Education and Labor Report, “when pregnant workers do not have access to reasonable workplace accommodations,...more

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

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Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

Venable LLP on

Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Jackson Lewis P.C.

Manufacturers Face Unique Problems in Accommodating Assembly Line Workers With Disabilities

Jackson Lewis P.C. on

As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line...more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Snell & Wilmer

100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

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The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...more

Vedder Price

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Fisher Phillips

Court Hands Victory To Employer In “Leave After Leave” Battle

Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

Foley & Lardner LLP

Managing the Interplay Between the ADA, FMLA and WC

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The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Foley & Lardner LLP

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Harris Beach PLLC

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

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On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Seyfarth Shaw LLP

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

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Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Harris Beach PLLC

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

Harris Beach PLLC on

A case decided by a Massachusetts Commission Against Discrimination Hearing Officer on September 21, 2016 serves as a reminder that, even if an employee is not entitled to paid time-off, granting leave for medical reasons may...more

Weintraub Tobin

The EEOC Just Keeps On Giving! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

Weintraub Tobin on

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”)....more

Baker Donelson

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

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In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

Bradley Arant Boult Cummings LLP

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Holland & Knight LLP

Illinois Releases Pregnancy Accommodation Proposed Rules

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The Illinois Department of Human Rights (IDHR) released proposed rules regulating pregnancy discrimination and accommodation in employment. Released on July 17, 2015, these rules are authorized by the Illinois Pregnancy...more

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