News & Analysis as of

Americans with Disabilities Act (ADA) Employee Rights Human Resources Professionals

Lerch, Early & Brewer

No Information, No Accommodation: Fourth Circuit Affirms Limits of ADA Protection

Lerch, Early & Brewer on

While employers must consider accommodations for qualified individuals with disabilities, they do not need to guess about an employee’s condition or need for accommodation, according to a recent court ruling....more

FordHarrison

The U.S. Mental Health Crisis – Mental Health: Beyond the ADA and FMLA

FordHarrison on

Real World Impact: This article is a continuation of a series of Alerts providing guidance for employers on mental health in the workplace and specifically addresses how employers can not only meet the requirements of the...more

Bradley Arant Boult Cummings LLP

Ready for the Recent Arrival? Pregnant Workers Fairness Act is Here and Kicking

As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

Seyfarth Shaw LLP on

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

Rumberger | Kirk

5 Tips for HR Directors to Avoid Expensive Company Lawsuits

Rumberger | Kirk on

As the first point of contact for employee claims, HR directors often find themselves with the challenging task of assessing sensitive situations. This, coupled with ensuring both the company’s policies are followed, and...more

Parker Poe Adams & Bernstein LLP

When Does an Employee's Anxiety Trigger ADA Accommodation Obligations?

Most human resource professionals can attest to meeting with employees who state that they are struggling with anxiety issues that affect their work performance. ...more

Poyner Spruill LLP

Third Circuit Holds Employee Not Protected by ADA Due to Incapacity to Work

Poyner Spruill LLP on

Is an employee on an extended leave of absence due to a long-term medical condition protected from employment termination by the Americans with Disabilities Act (ADA)? The answer depends on multiple factors, including whether...more

Dentons

EEOC Pregnant Workers Fairness Act

Dentons on

On April 15, 2024, the US Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act regulations would be published in the Code of Federal Regulations on April 19,...more

Cranfill Sumner LLP

Pregnant Workers Fairness Act: Does It Actually Fill in the Gaps?

Cranfill Sumner LLP on

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA).  Congress passed the PWFA to address gaps...more

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

Poyner Spruill LLP on

In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

Dentons

Let’s Talk About Grief: Bereavement Policies in the Evolving Workplace

Dentons on

Grief and bereavement leave are complex issues for many employers. Employers may have defined bereavement policies of 3 to 5 days for leave while the fallout from the death of a loved one can rarely be encapsulated in a...more

Ward and Smith, P.A.

From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law

Ward and Smith, P.A. on

The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws or regulations that affect employer obligations, and certain trends in...more

Mintz - Employment Viewpoints

MA Pregnant Workers Fairness Act: Part II

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA....more

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