Navigating Employee Leave and Reasonable Accommodation Requests Under the FMLA, ADA, and PWFA
Pregnant Workers Fairness Act (PWFA) Update
Employment Law Now VIII-152 - Part 2 of 2 on the Pregnant Workers Fairness Act (Attorney Interview)
Employment Law Now VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act
Employer Obligations to Accommodate Before Employees Arrive to Work
DE Talk | Using Employment Networks to Connect with Individuals with Disabilities in an Ever-Changing Workforce
Managing Employee Leave Under the FMLA and ADA
What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules
The Burr Broadcast: Key Differences Between PWFA and ADA
#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant
The Burr Morning Show: Pregnant Workers Fairness Act
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
Workplace Accommodation after COVID: Legal Update
Podcast: What Employers Should Know about the Pregnant Workers Fairness Act [More with McGlinchey, Ep. 62]
Employment Law Now VII-136 - Summer 2023 Wrap-Up Part 2
The Burr Broadcast Aug. 2023: Pregnant Workers Fairness Act
Supreme Court Miniseries: Religious Accommodation at Work
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
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more
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
Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....more
The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more
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
This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
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
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
This may seem surprising coming from a lawyer. But if employers focus solely on legal rights and obligations, they may not be taking full advantage of opportunities to lower legal risks. Originally posted in Law360 -...more
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an...more
Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more
On November 18, 2021, the First Circuit Court of Appeals upheld a ruling by the Federal District Court in Massachusetts denying Mass General Brigham (MGB) employees’ request for a preliminary injunction which would have...more
The United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder,...more
Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more
In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Under the Americans with Disabilities Act, if an employee with a disability requests accommodation, the employer must work with that person to determine if there are reasonable measures that can be taken that allow the...more
To prove that an employer failed to accommodate an employee’s disability in violation of the Americans With Disabilities Act, an employee alleging disability bias does not need to show that the employer fired them or took a...more
As the pandemic continues, a segment of individuals who contracted COVID-19 reports that they have not experienced a quick recovery. Rather, they are continuing to suffer symptoms months after initial onset of the disease....more