News & Analysis as of

Reasonable Accommodation

Bradley Arant Boult Cummings LLP

Burn Grooming Policy, Burn? Third Circuit Reignites Bearded Firefighter’s Religious Accommodation and Free Exercise Claims

If you have a grooming policy based on safety factors (like no beards for firefighters), does that trump an employee’s request for a religious accommodation? Maybe not. A recent Third Circuit decision, Smith v. City of...more

Fisher Phillips

Barking Up the Wrong Tree? The Legal Risks of Delaying ADA Accommodations and Best Practices to Avoid Liability

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In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting...more

DLA Piper

New Requirements for Washington State Employers

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In recent weeks, Washington State Governor Bob Ferguson signed numerous employment-related bills, amending employer obligations and employee rights related to pay transparency, paid leave, use of criminal records, personnel...more

Keating Muething & Klekamp PLL

Revisiting ADA Compliance: Lessons from a Recent Court Decision

Understanding the scope and requirements of the Americans with Disabilities Act (ADA) has been an ongoing challenge for employers. A recent court decision has added to this complexity by clarifying the interpretation of what...more

Seward & Kissel LLP

Employment Litigation Roundup: May 2025

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Fifth Circuit holds six-month delay in ADA accommodation request was unreasonable - The Fifth Circuit Court of Appeals in Strife v. Aldine Independent School District partially reversed the lower court’s dismissal of an...more

Littler

Washington State to Require Unpaid Leave and Safety Accommodations for Victims of a Hate Crime

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Effective January 1, 2026, Washington SB 5101 will require employers to provide leave and safety accommodations to employees who are victims of a hate crime or have a family member who is a victim of a hate crime....more

Littler

Amendment to Washington Healthy Starts Act Expands Pregnancy Accommodation Obligations and Mandates Paid Lactation Breaks

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Effective January 1, 2027, SB 5217 expands Washington’s Healthy Starts Act (“Act”) to apply the law to employers of any size, require scheduling flexibility for postpartum appointments, mandate paid lactation accommodation...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Keating Muething & Klekamp PLL

Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA

As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more

Foley & Lardner LLP

Circuit Split Deepens on “Harm” as a Failure to Accommodate Element

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The split among federal circuit courts of appeal as to whether a disabled worker must show harm in bringing a failure to accommodate claim continues. Recently, the Fifth Circuit joined the majority of circuits in finding that...more

Husch Blackwell LLP

EEOC Scrutinizes Vaccine Mandates: Continued Rise of Religious Accommodation Claims

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The COVID-19 pandemic brought workplace vaccination policies to the forefront, raising complex questions about religious accommodations. Over four years after the initial rollout of the COVID-19 vaccine, these policies remain...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your June To-Do List

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Here are the top items you should tackle in June, based on the latest workplace law developments and upcoming critical compliance dates...more

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Perkins Coie

Washington State Passes Law Broadening Pregnancy-Related Accommodations

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Key Takeaways - - A new law in Washington requires all employers, regardless of their size, to have pregnancy and postpartum accommodations in place for their employees by 2027. - The required accommodations include paid...more

Constangy, Brooks, Smith & Prophete, LLP

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for...more

Vorys, Sater, Seymour and Pease LLP

EEOC Ordered to Remove Elective Abortion Accommodation Provision in PWFA Final Rule

A Louisiana federal judge has ordered the Equal Employment Opportunity Commission (EEOC) to remove a portion of its final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent that the final rule includes...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Fisher Phillips

The Untapped ROI of Menopause-Savvy Workplaces

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Menopause – which impacts not only half of the global population but also one of the fastest-growing US workforce demographics – significantly impacts a woman’s overall health and can cause physical, mental, and cognitive...more

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

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On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Parker Poe Adams & Bernstein LLP

Unreasonable Delay in Granting Accommodation Can Violate ADA

When an employee requests an accommodation under the Americans with Disabilities Act, this sets into motion an interactive process intended to determine whether the requested accommodation is both reasonable and effective....more

Jackson Lewis P.C.

Minneapolis Anti-Discrimination Law Revised: Expands Protections to Body Size, Criminal History in Employment Decisions

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Takeaways- • The amended Civil Rights Ordinance newly bars employers from discrimination based on “justice-impacted status,” housing status, and height and weight and applies beginning 08.01.25. • The new law also...more

McGlinchey Stafford

Fifth Circuit: Employer’s Unreasonably Delayed Response Is Failure to Accommodate

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This decision surrounds the case of Alisha Strife v. Aldine Independent School District, in which the plaintiff, a U.S. Army veteran employed in the school district’s Human Resources department, requested an accommodation for...more

Fisher Phillips

EEOC’s Abortion Accommodation Mandate Struck Down By Federal Court: What Employers Need To Know

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A federal judge in Louisiana ruled yesterday that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary....more

Conn Maciel Carey LLP

[Webinar] Trust the (Interactive) Process: Exploring Reasonable Accommodations Under the ADA - May 28th, 10:00 am PT

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Understanding the employer's obligations when responding to an employee’s request for a reasonable accommodation under the Americans with Disabilities Act, including when and how best to engage in the "interactive process"...more

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