Starting on July 1, 2021, most Virginia employers must include information in their employee handbooks about reasonable accommodations for persons with disabilities and provide that information directly to any employee within 10 days after receiving notice that the employee has a disability.
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.
As we enter flu season (in the midst of a national spike in COVID-19 cases), and it now appears that a COVID-19 vaccine is on the horizon, employers are struggling with whether they should require employees to be vaccinated for seasonal influenza and/or COVID-19 infection.
Georgia Governor Brian Kemp has signed new legislation requiring employers to provide paid lactation breaks and private locations at the worksite where working mothers can express breast milk.
South Carolina Governor Henry McMaster signed into law the South Carolina Lactation Support Act, requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk.
The “Tennessee Pregnant Workers Fairness Act” (Senate Bill 2520) requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless such accommodation would impose an undue hardship on business operations.
The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain type of employees the right to a reasonable accommodation in the workplace during the COVID-19 pandemic.
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard their health and safety at its assisted living facility during the COVID-19 pandemic.
In Durham v. Rural/Metro. Corp., the Eleventh Circuit held that a pregnant employee, who was denied light duty after being placed on lifting restrictions, satisfied the fourth prong of the prima facie case by establishing that her employer had accommodated others who could not lift due to on-the-job injuries.
Using Technology to Strengthen Consistency in Absence Management By Geoffrey Simpson Director of Sales & Marketing Presagia A consistent and timely approach is crucial for complying with the Family and … Read More
ADA Requires Training, Process, Documentation By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Employers risk litigation under the Americans … Read More
Accommodations and Leaves for Mental Illness By Jenny Haykin, MA, CRC Integrated Leaves & Accommodations Program Manager Puget Sound Energy Although the stigma of mental illness is declining with greater … Read More
ADA in the WC World: Lost in Translation? By Gary Anderberg, PhD SVP Claim Analytics Gallagher Bassett Do your colleagues across the hall in risk management speak fluent ADA (Americans … Read More
Immediate Accommodation Not Required: 6th Circuit In Brumley v. United Parcel Service, the 6th Circuit U.S. Court of Appeals held that an “employer’s refusal to provide an accommodation to the … Read More
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
Technology Is Changing Leave Management and ADA Accommodations By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial The rapid evolution … Read More
Disability and Discipline: A Case Study By Rachel Shaw, JD CEO and Principal Shaw HR Consulting Employee discipline and disability can be complicated issues, and even more so when they … Read More
Bright (or Blurred) Lines for Medical Information By Roberta Etcheverry, CPDM CEO Diversified Management Group When considering reasonable accommodations for employees with disabilities, the core issue is assessing how the … Read More
FMLA Leave for Chronic Conditions Requires Ongoing Care Employers often assume an employee is receiving medical care and seldom review the frequency of physician visits when granting Family and Medical … Read More
California Governor Jerry Brown signed into law Assembly Bill 1976, expanding California employer obligations respective to employee lactation accommodation.
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