News & Analysis as of

Reasonable Accommodation Interactive Process Employer Liability Issues

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

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

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more

Williams Mullen

New EEOC Regulations Require Accommodations for Workers Due to Their Pregnancy and Other Pregnancy-Related Medical Conditions

Williams Mullen on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published much anticipated regulations implementing the Pregnant Workers Fairness Act (PWFA). These regulations will take effect in June...more

Tucker Arensberg, P.C.

New Supreme Court Decision Puts More Pressure on Employers Who Receive a Religious Accommodation Request

Tucker Arensberg, P.C. on

Consider this: an employee refuses to accept Sunday shifts because, under his religion, that day is devoted to worship and rest. Is his employer legally required to accommodate him? For decades, the answer was easy....more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Partridge Snow & Hahn LLP

Employers Will Face More Pregnancy Accommodation Requests Under New Federal Law

The new Federal Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, purports to expand current federal protections by requiring certain employers to provide “reasonable accommodations” to a worker’s known...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

BakerHostetler

Keeping Mental Health Top of Mind Beyond May While Ensuring ADA Compliance

BakerHostetler on

Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more...more

Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reaffirms Employer's Right to Make Medical Inquiries

On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more

McAfee & Taft

Upon re-evaluation, service dog barred from workplace

McAfee & Taft on

With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more

Parker Poe Adams & Bernstein LLP

Employer Not Obligated to Immediately Inform Employee of Possible Alternative ADA Accommodations

In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Fisher Phillips

10 Steps to Mental Health Wellness for Your Employees

Fisher Phillips on

The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more

Epstein Becker & Green

#WorkforceWednesday: Mental Health Accommodations and Parity, Board Diversification Law Struck Down, Ban-the-Box Update -...

Epstein Becker & Green on

This week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond. Mental Health Accommodations and Parity in...more

Jaburg Wilk

Five Considerations for Employers Who Hear “I’m Afraid to Return to Work”

Jaburg Wilk on

Many companies have been requesting that remote workers return to the office. There are many employees who want to continue teleworking. Employers need to carefully evaluate each request....more

Fisher Phillips

Snapshot on Manufacturing Industry: January 2022

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...more

Fisher Phillips

Retailers’ Obligations to Accommodate Work Schedules that Conflict With an Employee’s Religion

Fisher Phillips on

Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more

Sherman & Howard L.L.C.

Employers Cannot Force FMLA Leave That Is Not Medically Necessary

The U.S. District Court for the District of Kansas’ ruling in Johnson v. Norton County Hospital is an illustrative example of the complicated and often overlapping obligations employers have under the Family Medical Leave Act...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

CDF Labor Law LLP

[Webinar] Top 10 Employment Issues for California Employers Dealing with Remote Workers - July 29th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling...more

PilieroMazza PLLC

Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Fisher Phillips

What Do the Relaxed CDC Mask Guidelines Mean for Washington Employers?

Fisher Phillips on

Despite the CDC’s recent news regarding relaxed mask recommendations, those Washington employers eager to return to business as usual must still comply with Governor Inslee’s May 21 “Safe Workers’ Proclamation” and Washington...more

PilieroMazza PLLC

[Webinar] Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious...

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Fisher Phillips

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

Fisher Phillips on

With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...more

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