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Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...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

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

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

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

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As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Seyfarth Shaw LLP

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

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Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

Troutman Pepper Locke

COVID-19 Vaccination in the EU and the U.S.: The Employer Perspective

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As COVID-19 vaccination roll-outs become more widespread in the United States and the European Union, employers should proactively consider the impact of vaccinations on return to work policies and practices. The extent to...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

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

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

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Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Seyfarth Shaw LLP

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

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Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Fox Rothschild LLP

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

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Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Baker Donelson

Federal Court Declines to Overturn $780,000 Jury Verdict in Favor of Employer’s Argument that Application for SSDI Trumps the ADA

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In Van Rossum v. Baltimore County, Maryland, a jury awarded a community health inspector $250,000 in compensatory damages and $530,000 in back pay after deciding that her employer, Baltimore County, violated the ADA by...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wayne Farms for Disability Discrimination

Poultry Producer Failed to Accommodate Workers Who Needed Time Off Due to Disability, Federal Agency Charges - DECATUR, Ala. -Wayne Farms, LLC, one of the nation's largest poultry producers, illegally discriminated...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

Fisher Phillips

When Is Employee Leave A Reasonable Accommodation? - Latest EEOC Publication Preaches Flexibility

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Five years ago, faced with mounting frustration of employers of all sizes in their efforts to comply with the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC) announced that it would...more

Littler

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

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A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

Littler

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

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Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

Littler

Understanding New York Regulations Regarding Prohibited Discrimination on the Basis of Gender Identity, Transgender Status, or...

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New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria. Both...more

Seyfarth Shaw LLP

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

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As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Parker Poe Adams & Bernstein LLP

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

Troutman Pepper Locke

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

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UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

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