Tag: Americans with Disabilities Act (ADA)

How to Support an Employee Going Through a Gender Transition

As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an inclusive work environment and guards against discrimination based on gender identity and expression. This plan should include communicating with transitioning employees, educating […]

Religious Discrimination: New Employer Obligations on Their Way

The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of an employee’s religious observance or practice. And what will the vote be? 9-0. Read on. How Did We […]

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 […]

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 […]

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 […]