Illness, Disability, and Workplace Performance: A Guide for Employers
NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule - #WorkforceWednesday® - Employment Law This Week®
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
A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...more
When an employee requests extended medical leave, employers often wonder how long they must wait before it is no longer “reasonable.” The Fourth Circuit recently addressed this in Coffman v. Nexstar Media, offering clarity on...more
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
A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more
The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more
...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
Employers now have clarification that they will be able mandate the COVID-19 vaccine among their workers in certain circumstances without running afoul of key federal anti-discrimination laws, according to updated guidance...more
On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act. Sunny Anthony was employed by...more
In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more
A pending federal appeals court case is the latest to highlight the challenges employers face when considering accommodation requests from an employee with a medical condition. As we have written before, leave and...more
Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more
Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more
Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more
“Once an employer becomes aware of the need for accommodation, that employer has a mandatory obligation under the ADA to engage in an interactive process with the employee to identify and implement appropriate reasonable...more
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more
A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more
The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...more
It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...more