PUMP Act: Protections for Pregnant and Nursing Mothers in Omnibus Spending Bill
The recently enacted Consolidation Appropriations Act of 2023 (H.R. 2617) included two provisions for pregnant and nursing mothers.
Tag: Americans with Disabilities Act (ADA)
States and Cities Limit AI Use in Employment Decision-Making
The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows stating that more than 80% of employers use this technology.
Case Study: Appeals Court Gives Tough Break to Employers on ‘Essential’ Duties
Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the […]
THC You at Trial: Wrongful Termination Claim Over CBD Oil Use Avoids Dismissal
A recent opinion by the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled that a jury was needed to decide a case after an employer terminated a disabled employee for failing a drug test because of her lawful CBD oil use. The ruling, which applies to employers in Louisiana, highlights […]
Dogs and Horses and Reptiles, Oh My! Service Animals as Workplace Accommodations
It’s common to encounter people with service dogs when you’re out and about town, such as at the grocery store, a sports arena, or a doctor’s office. These types of businesses are considered “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA), and as a general rule, they must allow […]
Case Study: Court Razes Architect’s Failure-to-Accommodate Suit
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy.
Interactive Process Not Triggered Until Employee Brings Up Need for Accommodation
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]
Second Circuit Rules on ‘Qualified Individual’ Under Rehabilitation Act
The U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, recently ruled on whether an individual was qualified to receive the benefit of a reasonable accommodation during the pre-application testing process. Read on to understand how this case affects your own hiring procedures.
Gender Dysphoria May Be an ADA Disability
The rights of transgender persons have become a hot button issue not only in schools and sports but in the workplace as well. Recently, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Virginia, Maryland, North Carolina, South Carolina, and West Virginia) weighed in on whether a transgender woman, who suffered […]
Time to Revisit and Update Your COVID-19 Policies
During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates, and disability and religious accommodations in the workplace. Employers should familiarize themselves with the new guidance and, if necessary, update their existing COVID-19 policies.