News & Analysis as of

Reasonable Accommodation Employment Policies Discrimination

Whiteford

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

Whiteford on

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

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

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...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

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

Davis Wright Tremaine LLP

New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law....more

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Seyfarth Shaw LLP

New York City To Require Lactation Rooms In The Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently passed “Mother’s Day bills” will require employers to provide lactation rooms to employees expressing milk and to implement a policy informing employees about the right to a lactation room and...more

Littler

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler on

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

Ballard Spahr LLP

Nursing Mothers Are Now Protected Under the NJLAD

Ballard Spahr LLP on

The New Jersey Law Against Discrimination (NJLAD) was amended to prohibit employers from discriminating against women who breastfeed or express milk during breaks....more

Akerman LLP - HR Defense

Dogged by Dogs at Work: Barking Up the Wrong Tree?

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Littler

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Seyfarth Shaw LLP

Dressing for Work in California this Summer

Seyfarth Shaw LLP on

Seyfarth Synopsis: With summer months almost upon us, here are some dress code tips and tricks for employers to ensure both employee compliance with relaxed summer dress codes and increased employee motivation and morale. We...more

Lowndes

What Employers Need to Know About Florida's New Medical Marijuana Law

Lowndes on

In addition to selecting a new President, Florida voters approved Amendment 2, which amends the Florida Constitution to legalize medical marijuana for use by individuals with specific debilitating medical conditions, as...more

U.S. Equal Employment Opportunity Commission...

Jury in EEOC Suit Says Dollar General Must Pay Former Employee Over $277,565 For Disability Discrimination

Diabetic Employee Fired After Drinking Orange Juice to Stop Attack - KNOXVILLE, Tenn. - A federal jury has found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a federal disability discrimination...more

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

U.S. Equal Employment Opportunity Commission...

Sensient Sued By EEOC for Disability Discrimination

Dried Food Producer Unlawfully Discharged Workers After Denying Extended Leave of Absence for Disability-Related Needs, Federal Agency Charged - FRESNO, Calif. - Sensient Natural Ingredients LLC, a producer of dried...more

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

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

McNees Wallace & Nurick LLC

What You Need to Know About Accommodating Transgender Employees

The Occupational Safety and Health Administration (OSHA) requires that all employers covered by the OSH Act provide employees with sanitary toilet facilities so that employees will not suffer adverse health effects if toilets...more

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