News & Analysis as of

Reasonable Accommodation Today's Popular Updates Americans with Disabilities Act (ADA)

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Littler

Build Back Botter: What Artificial Intelligence Means for the Construction Workplace

Littler on

“Hey Chat GPT, finish this building.” This dare, written on a billboard that went viral last year, captures a truth and a stereotype about the world of construction. The truth is that the construction industry will, for the...more

Davis Wright Tremaine LLP

New Nationwide Protections for Pregnant and Nursing Workers

Two new federal laws expand the scope of existing protections for pregnant employees and nursing workers. Employers should carefully review existing accommodation and lactation policies and practices to ensure they are...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Total Systems Services for Disability Discrimination and Retaliation

Global Payments Company Denied Worker’s Pleas for Remote Work Due to High Risk for COVID-19 Infection, Federal Agency Charges - ATLANTA – Total Systems Services, LLC, a global payments processing company based in Columbus,...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Whitman Legal Solutions, LLC

What Documentation May a Landlord Require from a Tenant With an Assistance Animal?

Laws regarding service and emotional support animals can be confusing to property owners—and guidance can vary depending upon the type of animal and its function. For example, recently, the Department of Housing and Urban...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...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

Moore & Van Allen PLLC

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

Moore & Van Allen PLLC on

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...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

Rivkin Radler LLP

NYC Clarifies Dec. 27, 2021, Vaccine Mandate for all Private Employers

Rivkin Radler LLP on

On December 15, New York City issued clarifications to it prior vaccine mandate and those clarifications can be found here: https://www1.nyc.gov/site/doh/covid/covid-19-vaccine-workplace-requirement.page. As we advised in...more

Akin Gump Strauss Hauer & Feld LLP

OSHA Issues Emergency Temporary Standard for COVID-19 with Vaccinate-or-Test Mandate for Private Sector Employers with 100 or More...

Key Points - On November 4, 2021, OSHA issued an ETS requiring that all employers with 100 or more employees ensure that their employees are fully vaccinated against COVID-19 by January 4, 2022, or tested weekly. By December...more

Seyfarth Shaw LLP

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues JDKD Enterprises for Disability Discrimination

McDonald’s Franchise Terminated Long-Term Employee Based on His Autism Spectrum Disorder, Federal Agency Charges - PHILADELPHIA — JDKD Enterprises, LP, a Sewell-New Jersey limited partnership that owns and operates numerous...more

Kelley Drye & Warren LLP

The New Employee Status: Vaccinated or Unvaccinated

What to expect from the projected increase in vaccine requirements, restrictions, and lawsuits in the months ahead. With the highly transmissible Delta variant surging, and vaccination rates stagnating, employers are...more

Husch Blackwell LLP

COVID-19 Vaccines: Can Your Employee Purchase Evidence Of A Sincerely Held Religious Belief On The Internet?

Husch Blackwell LLP on

Title VII requires an employer to provide a reasonable accommodation for an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless providing the accommodation would...more

Fox Rothschild LLP

NYC Issues Guidance On Accommodations For ‘Key To NYC’ Vaccine Mandate

Fox Rothschild LLP on

The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...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

Fox Rothschild LLP

Employment Issues And The COVID-19 Vaccine

Fox Rothschild LLP on

As more individuals become eligible to receive a COVID-19 vaccine, employers need to understand what policies and protocols they can establish in order to ensure compliance with applicable laws and continue to maintain a safe...more

Best Best & Krieger LLP

COVID-19 and the Workplace: Can Employers Make Vaccinations Mandatory?

Best Best & Krieger LLP on

Examining the Various Questions Employers May Have Surrounding COVID-19 Vaccinations - It has been reported that a COVID-19 vaccine will be approved for production and distribution within the next few months. Once...more

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

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an...more

Mintz - Employment Viewpoints

Vaccinate or Terminate – Mandatory Vaccination As Workplace Policy

The discovery, testing and mass deployment of a COVID-19 vaccine are welcome developments in potentially ending the Coronavirus pandemic. A safe and widely available vaccine will also allow employees to return to the physical...more

Lowndes

EEOC Issues Updated COVID-19 Employment Guidance

Lowndes on

Thursday, the EEOC issued additional guidance for employers addressing COVID-19 in the workplace. Notably, the EEOC advised that employers may not involuntarily exclude employees over the age of 65 from the workplace due to...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

Burr & Forman on

On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

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