News & Analysis as of

Reasonable Accommodation Disability Discrimination Employment Policies

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

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

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Snell & Wilmer

Navigating Open-Ended Employee Leave Requests

Snell & Wilmer on

Employers regularly face legal challenges, many of which their employees create. Leave can be especially problematic for both employees and employers. Perhaps what causes employers the most tension is an unlimited leave of...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

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

Baker Donelson

[Webinar] Neurodiversity in the Workplace: Legal Considerations and Business Strategies - May 20th, 8:30 am - 9:30 am CT

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Join us as we aim to illuminate the experiences of neurodivergent people in the workplace. We'll discuss common ways neurodivergence manifests at work and the importance of having conversations about a neurodivergent...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

Venable LLP on

Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Foley & Lardner LLP

Mental Health Awareness Month: Supporting Employee Mental Health While Navigating ADA Compliance

Foley & Lardner LLP on

May is Mental Health Awareness Month — a timely reminder for employers to reflect on how mental health intersects with workplace obligations under the Americans with Disabilities Act (ADA). Many employers across the country...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

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

Vorys, Sater, Seymour and Pease LLP

Evaluating Remote Work as a Reasonable Accommodation

With many employers contemplating return-to-work directives and many employees seeking and/or needing an accommodation to continue remote work arrangements, employers must be mindful of their obligations under the Americans...more

Farella Braun + Martel LLP

Navigating the Transition the Return to Office Trend

The complex shift from remote work to in-office work requires careful consideration to balance efficiency and employee well-being. This crucial balance directly impacts employee satisfaction, retention, and organizational...more

Farella Braun + Martel LLP

Employer Responsibilities in Light of the Pregnant Workers Fairness Act

In 2023, Congress passed the Pregnant Workers Fairness Act (PWFA), a law aimed at ensuring fair treatment for workers who are affected by pregnancy, childbirth, or related medical conditions. The Equal Employment Opportunity...more

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

Bricker Graydon LLP on

Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

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

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more

Littler

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

Littler on

In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

Whiteford on

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more

Holland & Hart - Employers' Lawyers

Disability-Related Remote Work Accommodation Requests: First COVID, then the Deluge

Many employers instituted work from home policies during the pandemic that they are now fine-tuning or rethinking. While telework technology advances and return to onsite work initiatives unfold, employers must navigate...more

Bradley Arant Boult Cummings LLP

Blast from the Past: The Potential Ripple Effect of the ‘Return to In-Person Work’ Executive Order on the Private Sector and Key...

President Donald Trump’s “Return to In-Person Work” executive order (EO) mandates that federal employees return to full-time office work. This EO effectively ended the widespread hybrid and remote work arrangements that had...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

Bricker Graydon LLP

Can We Put the Genie Back in the Bottle?

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Among the flurry of first-week executive orders issued by the Trump administration, President Trump ordered federal workers to report back to the office. Federal agencies and departments must take all necessary steps to end...more

U.S. Equal Employment Opportunity Commission...

Northern Virginia Surgery Center Pays $50,000 in EEOC Disability and Age Discrimination Lawsuit

Nonprofit Settles Federal Lawsuit Alleging It Fired an Older Worker While She Was on Medical Leave and Replaced Her With Younger, Less-Qualified Employees - WASHINGTON – Northern Virginia Surgery Center, LLC (NVSC), which...more

Hinshaw & Culbertson - Employment Law...

New York City Amends Lactation Room Accommodation Policy Requirements

New York City recently enacted a local law amending the New York City Human Rights Law relating to an employer's obligation to implement and distribute a written lactation room accommodation policy. ...more

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