The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more
On Wednesday, the U.S. Supreme Court issued a 6-3 decision reversing the Fourth Circuit Court of Appeals’ position on employers’ obligations to accommodate employees’ pregnancy-related work restrictions. However, the court...more
Under federal civil rights laws, one major difference between suits brought by the Equal Employment Opportunity Commission and private parties involves liability for attorney’s fees. Losing employers must pay the prevailing...more
The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a disabled employee to perform the essential functions of the job. However, not all accommodation requests are reasonable....more
Title VII of the Civil Rights Act requires employers in some situations to accommodate employees’ and applicants’ religious beliefs and practices by varying policies and procedures of general applicability. However, as...more
Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more
Some employers have a high threshold for tolerating abusive employees. Outbursts or confrontations that are grounds for automatic termination by one company may only prompt corrective action from another. A recent decision...more
The Family and Medical Leave Act requires employers to provide job-protected leave to eligible employees. Sometimes, employers receive FMLA requests from employees that involve shifts to the working schedule or other measures...more
Title VII requires employers to accommodate employees’ religious beliefs and practices. Understandably, courts are reluctant to make judicial determinations as to what are and what are not sincere religious activities. Last...more