News & Analysis as of

Undue Hardship Employer Liability Issues Employment Litigation

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

Conn Maciel Carey LLP on

Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

Fisher Phillips

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to...more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Plaintiff Must Show Ability to Perform Essential Job Functions

When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

Goldberg Segalla on

On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

Laner Muchin, Ltd.

When Does a Requested Religious Accommodation Pose an Undue Hardship?

Laner Muchin, Ltd. on

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Hinshaw & Culbertson LLP

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

U.S. Equal Employment Opportunity Commission...

Medstar Good Samaritan Hospital and EEOC Reach $195,000 Agreement to Conciliate EEOC Disability Discrimination Charge

Federal Agency Determined That Employee Was Discharged After Requesting Disability-Related Leave Through Third-Party Vendor - BALTIMORE - The U.S. Equal Employment Opportunity Commission (EEOC) and MedStar Good Samaritan...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

Littler on

Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

Parker Poe Adams & Bernstein LLP

Employers Can End Accommodations That Go Beyond ADA Requirements

When companies change management, employees sometimes believe it is unfair to hold them to higher performance standards than those required by their former supervisors. When it comes to accommodations made to disabled...more

Littler

Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

Littler on

The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

Akerman LLP - HR Defense

Religious Accommodation Requests: What Employers Should Know

Employers must walk a tightrope when dealing with an employee or applicant seeking a religious accommodation as demonstrated by two recent court cases with opposite results....more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

FordHarrison

California Federal Court Says Employers Need Not Approve Multiple Leaves of Absence Where an Employee was Totally Disabled and...

FordHarrison on

The Southern District Court of California, in Ruiz v. ParadigmWorks Group, Inc., held that an employer was not at fault for failing to grant an employee’s request for multiple medical leaves of absence where the employee was...more

Fox Rothschild LLP

Unreasonable Accommodation: What Is Undue Hardship?

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A disabled employee asks her employer for an accommodation. After engaging in the interactive process, it becomes clear that the accommodation requested is going to be challenging. At what point can the employer say “no” to...more

FordHarrison

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

FordHarrison on

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging....more

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