The Anaheim Hotel Worker Protection Ordinance takes effect Jan. 1, 2024, though it had a rocky path to passage.
Indiana Enacts Pregnancy Accommodations Law, Effective in July 2021
A new Indiana statute sets out the process for pregnant workers to seek a reasonable accommodation from their employers. The new law applies to employers with at least 15 employees. It goes into effect on Jul. 1, 2021.
Virginia Expands Disability Discrimination Protections and Adds Domestic Worker Protections
Effective Jul. 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers.
Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss.
The 5th Circuit Affirms “My Disability Made Me Do It” Is No Excuse for Sleeping on the Job
On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.
Mental Health and the ADAAA: A Blueprint for Management
Navigating the legal landscape when an employee has a disability related to his/her mental health can be challenging. At the outset, it is not always clear that an employee may need a reasonable accommodation.
6th Circuit Rules Regular, On-Site Attendance Is Essential Function
The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
7th Circuit Rules Employee’s Telework Accommodation Unreasonable
The 7th Circuit ruled the Department of Housing and Urban Development (HUD) did not fail to accommodate a disabled lawyer by rejecting her request to work from home.
Maine Enacts Law Extending Protections to Pregnant and Nursing Employees
On Jun. 27, 2019, Maine Governor Janet Mills signed into law L.D. 666, which extends existing protections for pregnant and nursing employees in Maine.
Connecticut Issues Guidance on Pregnancy Accommodation
On Apr. 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
Kentucky Adopts Pregnant Workers Act
Governor Bevin signed Senate Bill 18, the Kentucky Pregnant Workers Act. The Act amends the Kentucky Civil Rights Act (KCRA) and applies to employers with 15 or more employees within the state in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as well as any agent of the employer.
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
The Disabled Workforce: When Disability and Discipline Meet
Crossroads: When Disability And Discipline Meet By Rachel Shaw, JD CEO and Principal Shaw HR Consulting When employees link performance issues to a claimed disability whether at the start of … Read More
Accommodations Best Practice Guide: What Is Reasonable?
What Is a “Reasonable” Accommodation? By Roberta Etcheverry, CPDM CEO Diversified Management Group When employers consider accommodations for disabled employees, their first question for us is usually “what is and … Read More
Compliance Memos: September 2018
Paid Sick Leave Conflicts: Litigation vs. Ballot Box In addition to a fragmented map of municipal, county, and state paid sick leave (PSL) laws, employers now face zombie PSL laws … Read More
Compliance Makeover: Exceeding ADA Requirements
Going “Above & Beyond”: Exceeding ADA Requirements Without Getting Burned By Francis Alvarez, JD Principal, National Coordinator of Disability, Leave & Health Management Practice Jackson Lewis PC Despite Americans with … Read More
Wrestling with ADA, FMLA, and Overtime: “No Overtime” & Reasonable Accommodations
Is “No Overtime” an ADA Reasonable Accommodation? By Marti Cardi, JD VP Product Compliance Matrix Absence Management Unlike the Family and Medical Leave Act, the Americans with Disabilities Act (ADA) … Read More