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Employer Liability Issues › Employee Reassignment

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

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

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Amundsen Davis LLC

Beyond the Diagnosis: Navigating Disability Accommodation in the Workplace - Insights from Wingra Redi-Mix v. LIRC

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The Wisconsin Doctor writing on paper with stethoscope on tableFair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably...more

Fox Rothschild LLP

When Workplace Romance Is a Fact of Life, How Can Employers Limit Their Liability?

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Even with the rise in remote working during the COVID-19 pandemic, workplace romance remains commonplace. In a 2021 survey, the Society for Human Resource Management (SHRM) found that more than one-third of U.S. workers have...more

Littler

The Netherlands: Reassignment Obligation Does Not Require Job Creation

Littler on

Apart from summary dismissal situations, employers in the Netherlands can terminate an employment contract only if (i) they have reasonable grounds for doing so, and (ii) reassigning the employee within a reasonable timeframe...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

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For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

Pierce Atwood LLP

Reassignment: The Often-Overlooked Accommodation Of Last Resort

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What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more

Seyfarth Shaw LLP

Workplace Hazards And Pregnancy – What’s An Employer To Do?

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Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more

Franczek P.C.

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

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A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy...more

Smith Debnam Narron Drake Saintsing & Myers,...

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

Smith Debnam Narron Drake Saintsing & Myers,... on

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

Seyfarth Shaw LLP

Fourth Circuit Decision Reiterates That Filling Employee’s Position During Leave And Re-Assigning Employee To A Different But...

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Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more

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

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

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

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

FordHarrison

Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

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If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant...more

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