News & Analysis as of

Reasonable Accommodation

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Extended Absence for Post-Partum Depression Unreasonable Under ADA

In some situations, employees undergoing serious medical issues request accommodations that would require extensive time away from work or major modifications to their job duties. ...more

Constangy, Brooks, Smith & Prophete, LLP

Well, duh! Pregnant Workers Fairness Act applies to lactation, judge rules

Hindsight is 20-20. The Pregnant Workers Fairness Act, which took effect in June 2023, requires reasonable accommodations for pregnancy, childbirth, and “related medical conditions.” The statute gave authority to the U.S....more

Venable LLP

New York’s COVID-19 Emergency Leave Ends

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New York’s COVID-19 emergency leave law (the “Law”) was a first-in-the-nation law requiring employers to provide paid emergency leave and other benefits for COVID-related quarantine or isolation. On July 31, 2025, the Law...more

Sands Anderson PC

How Long Is Too Long? When Extended Leave Stops Being Reasonable

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Employers often ask: “How long do I have to hold a job open for someone on extended medical leave?” The Fourth Circuit recently tackled this issue in Coffman v. Nexstar Media, offering helpful guidance for navigating ADA and...more

White and Williams LLP

An Interactive Dialogue: The Intersection Between the ADA, FMLA, and PWFA

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In this episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Victoria Fuller, Partner and Co-Chair of Labor and Employment Practice Group, and Laura Corvo, Counsel,...more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

BCLP

Neurodivergence, Discrimination Comparators, Privileged Documents in the Wrong Hands, and a News Round-up - UK HR Two Minute...

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Our employment law update for July covers cases about legal principles tribunals must consider when analysing the ‘substantial adverse impact’ in disability claims, the difficulties in selecting discrimination comparators,...more

Whiteford

Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations...

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For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the...more

Whiteford

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

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A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

TNG Consulting

Navigating Disability, Conduct, and Due Process in Higher Education

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Navigating the intersections of disability, student conduct, and due process is no easy task for higher education professionals. Balancing legal, ethical, and procedural responsibilities in disability-related behavioral...more

McAfee & Taft

Don’t drag your feet on accommodation requests

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Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more

Littler

Rhode Island Becomes First State to Mandate Workplace Accommodations for Menopause

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On June 24, 2025, Rhode Island Governor Daniel McKee signed into law House Bill No. 6161, making Rhode Island the first state in the nation to expressly require employers to provide workplace accommodations for applicants and...more

Lerch, Early & Brewer

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

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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

Conn Kavanaugh

Artificial Intelligence in Human Resources: A Guide for Business Leaders

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This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant...more

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

Fisher Phillips

Texas Employers Should Prepare for Uptick in Cannabis Use and Accommodation Requests as State Expands Medical Marijuana Law

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You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1. In addition to changing the...more

Proskauer - Law and the Workplace

Rhode Island Adds New Protections for Menopause and Mandatory Wage Payment Notice to New Hires

With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions.   In addition, the state...more

Fisher Phillips

What Auto Dealers Should Know About EEOC’s Service Dog Lawsuit Against Maryland Dealer

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The EEOC recently filed a federal lawsuit against a Maryland auto dealer alleging that it denied a parts department worker a reasonable accommodation – specifically, allowing him a service dog at work for his PTSD – and then...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

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In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Venable LLP

Axing Abortion Accommodations: Federal Judge Strikes Down the EEOC’s Rule Requiring Employers to Accommodate Elective Abortions...

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In another departure from regulations and guidance issued during the Biden administration, in May, a federal judge in Louisiana found that the U.S. Equal Employment Opportunity Commission (EEOC) had exceeded its statutory...more

Proskauer - California Employment Law

New Notice Requirement for California Employers: Surviving Violent Crimes

As we’ve previously reported, the California Legislature last year passed and Governor Newsom signed into law AB 2499, which expanded existing leave requirements for California employers. Prior to passage of AB 2499,...more

Husch Blackwell LLP

California Expands Protections for Employees Who Are Victims of Crime or Family Members of Victims: What Employers Need to Know...

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Assembly Bill 2499 (AB 2499), which took effect on January 1, 2025, broadens previous requirements on how California employers treat employees who are victims of violence or who are the family members of victims. The new law...more

DCI Consulting

California Law Regulating AI in Employment to Go in Effect in October

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After multiple attempts by the California legislature to pass laws regulating the use of artificial intelligence (AI) and automated-decision systems in employment, the State of California’s Office of Administrative Law has...more

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

California CRD Publishes Notice and FAQs on Rights for Violence Survivors and Family Members

On July 1, 2025, the California Civil Rights Department (CRD) published a “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” notice. The CRD also published guidance in the form of...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

When a disabled employee requests an accommodation under the Americans with Disabilities Act, this triggers an interactive process whereby both parties share information and work to determine if a reasonable and effective...more

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