News & Analysis as of

Americans with Disabilities Act (ADA) Employees Equal Employment Opportunity Commission (EEOC)

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

Whiteford on

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Ruder Ware

What to Expect When Your Employee is Expecting Under the Pregnant Workers Fairness Act

Ruder Ware on

For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee...more

Littler

Littler Lightbulb: October Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Reinstates Law Prohibiting Discrimination in Healthcare Settings...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Seyfarth Shaw LLP

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Littler

The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

Littler on

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more

Bradley Arant Boult Cummings LLP

The Expected Arrival Is Now Here: Pregnancy Fairness Regs Are in Force (Almost Everywhere)

With the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged...more

Ballard Spahr LLP

New EEOC Pregnant Workers Rule Adds Requirements This Month

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) has issued its final regulations for the Pregnant Workers Fairness Act (PWFA), providing explanation and guidance for employers in implementing the PWFA in their workplaces and...more

Bradley Arant Boult Cummings LLP

Freeing the Well-Being: Mental Health Accommodations in the Workplace

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Butler Snow LLP

Pregnant Pause? Lawsuit Attempts to Halt the EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act

Butler Snow LLP on

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance to implement the Pregnant Workers...more

Perkins Coie

EEOC’s Final Rule Regarding Pregnant Workers Fairness Act

Perkins Coie on

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, scheduled to take effect on June 18, 2024. The Final Rule largely leaves in place the...more

Bass, Berry & Sims PLC

Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act

Bass, Berry & Sims PLC on

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

McAfee & Taft

Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

McAfee & Taft on

Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Foley & Lardner LLP

The Majority of U.S. CEOs Say Employees Will be Back in the Office Full-Time; What Can You Do to Facilitate that Return?

Foley & Lardner LLP on

According to a March 2023 Pew Research Center article, prior to the COVID-19 pandemic, only 7% of employees with jobs that could be done from home actually worked from home. The article went on to note that 55% of the...more

Seyfarth Shaw LLP

Senate Confirms New EEOC General Counsel As New Case Filings Climb

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by...more

Gray Reed

Proposed EEOC Regulations Implementing the Pregnant Workers Fairness Act

Gray Reed on

The Equal Employment Opportunity Commission (EEOC) has proposed new regulations seeking to clarify the implementation of the Pregnant Workers Fairness Act (PWFA), which became law earlier this year....more

Perkins Coie

EEOC Issues Expansive Proposed Rule Regarding Pregnant Workers Fairness Act

Perkins Coie on

The recently enacted Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., public or private employers with more than 15 employees) to provide reasonable accommodations to “qualified” employees or candidates...more

Sheppard Mullin Richter & Hampton LLP

Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed...

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers...more

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