News & Analysis as of

Reasonable Accommodation Wage and Hour Title VII

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Hall Benefits Law

EEOC, DOL Issue 2024 Regulatory Agendas

Hall Benefits Law on

As part of the Biden administration’s Fall 2023 Regulatory Plan, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor (“DOL”) have released their 2024 regulatory agendas....more

Jackson Lewis P.C.

A USERRA Leave Primer for Manufacturing Employers

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Manufacturers rely on consistent employee attendance to operate production lines and meet critical delivery deadlines to customers. The best-laid production plans can be disrupted by employee absences leaving a gap in the...more

Constangy, Brooks, Smith & Prophete, LLP

Religious Accommodations, Part Deux: Is the religious belief sincere?

In Part One of this two-part bulletin, we explored the expansive meaning of religious beliefs entitled to an accommodation under Title VII and the reluctance of courts to second guess whether a belief is “religious” in...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Jackson Lewis P.C.

Accommodations Developments Add Scheduling Challenges for Retailers

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For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

McCarter & English, LLP

Employer Obligations to Accommodate Pregnant Workers Under Federal Law Expand Again on June 27—Are You Ready?

Starting today, many employers will be required to provide reasonable accommodations to pregnant workers pursuant to the Pregnant Workers Fairness Act (PWFA), which was passed late last year as part of the omnibus spending...more

Dickinson Wright

Did You Hear about the New Law Requiring Employers to Provide Reasonable Accommodations to Pregnant Employees?

Dickinson Wright on

On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became law and requires covered employers to provide “reasonable accommodations” to a worker’s known limitations that are related to pregnancy, childbirth,...more

Littler

Supreme Court Hears Oral Argument on Title VII Religious Accommodation Standard

Littler on

On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices....more

Constangy, Brooks, Smith & Prophete, LLP

Employees who self-destruct

Mental illness can cause problems at work, and keep employees from getting help. If my experience is typical (and it may not be), it seems that a significant percentage of employers’ legal and Human Resources problems come...more

Jackson Lewis P.C.

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

Jackson Lewis P.C. on

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more

Adler Pollock & Sheehan P.C.

SCOTUS to Take Another Look at Religious Accommodations

Employment litigators and Constitutional Law attorneys alike should pay close attention to the United States Supreme Court’s calendar, as the Court recently agreed to take up a case that has the potential to change the way...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

Littler

Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?

Littler on

Dear Littler:  We are a retail store with locations across the country.  We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.  A number of employees in several of...more

Proskauer - Law and the Workplace

7th Circuit: Actual Denial of Leave Not Necessary for FMLA Interference Claim

On June 1, 2022, the Seventh Circuit reversed the entry of summary judgment on a Family and Medical Leave Act (“FMLA”) claim, holding that an actual denial of an employee’s FMLA leave request is not necessary to constitute an...more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

Cozen O'Connor on

As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for...

Epstein Becker & Green on

This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead. EEOC: Back in Enforcement...more

DirectEmployers Association

OFCCP Week In Review: October 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...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

Womble Bond Dickinson

The Shot Heard Around the World: The Impact of the COVID-19 Vaccine in the U.S. Workplace

Womble Bond Dickinson on

There are a multitude of unknowns as health officials across the country race to administer the long-awaited COVID-19 vaccine. Employers must also evaluate a number of factors as they decide whether or not to mandate that...more

Morgan Lewis

Vaccine Development and Distribution: Legal Considerations for US Healthcare Providers and Other Employers

Morgan Lewis on

As the United States races to deliver safe and effective coronavirus (COVID-19) vaccines under the Biden administration, employers, healthcare providers, and many others are assessing what it means for their industries and...more

Fisher Phillips

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Fisher Phillips on

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers...more

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