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.
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.
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.
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.
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.
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.
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
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
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
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
A recent court case addressed the question of whether a leave of absence can be a reasonable accommodations under the Americans with Disabilities Act (ADA). The case is Severson v. … Read More
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
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
The Third Circuit Court of Appeals has ruled that an employer’s honest belief that an employee was abusing his Family and Medical Leave Act (FMLA) leave was sufficient to defeat … Read More
On Friday, May 13, the U.S. Equal Employment Opportunity Commission (EEOC) announced the approval of the resolution of a nationwide disability discrimination case against home improvement, appliance, and hardware giant, … Read More
One of the most difficult things for human resource professionals to do is to keep up with changing state and local laws related to leaves and discrimination. Below is a … Read More