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 types of employees the right to a reasonable accommodation in
Disability Accommodation
Navigating Employer Obligations to Provide Employees with Masks, Face Coverings
By Tressi L. Cordaro & Cressinda D. Schlag on
As the Centers for Disease Control and Prevention (CDC) continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread of COVID-19 across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult
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Seattle Expands Its Paid Sick and Safe Time Ordinance in Response to COVID-19
Effective March 18, 2020, the Seattle Paid Sick and Safe Time (PSST) Ordinance allows eligible employees working in Seattle to use PSST when their family member’s school or place of care is closed, regardless of whether such closure is made by a public official. In addition, when “Tier 3” employers (with 250 or more full…
EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness
By Joseph J. Lazzarotti on
Posted in Disability Accommodation, EEOC Guidance
On March 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. Our colleague in the Privacy, Data and Cybersecurity practice group published an alert discussing the updates. Read more.
Can an Employer Refuse to Hire an Employee Because of the Employee’s Risk of Developing a Disability?
By Jody Wilner Moran on
Posted in Disability Accommodation
The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed the certified question “whether the ADA’s regarded-as provision encompasses conduct motivated by the likelihood that…
What Am I Doing Wrong?? Common FMLA Mistakes
By Sheri L. Giger & Sean P. Dawson on
“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the 27th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability.
Filling an employee’s position while…
The SCOTUS Decides Not To Grant Certiorari in Robles v. Domino’s Pizza
By Joseph J. Lynett on
Posted in Disability Accommodation
The much-anticipated decision from the U.S. Supreme Court (SCOTUS) on Domino’s Pizza’s Petition for Certiorari is in. On October 7, 2019, the SCOTUS denied review of a decision from the Ninth Circuit Federal Court of Appeals in Robles v. Domino’s Pizza. The Ninth Circuit in Robles held that (1) Title III of the ADA…
You Can’t Go Home Again: Employee’s Telework Accommodation Unreasonable, Seventh Circuit Rules
By Jonathan A. Roth on
Posted in ADA, Disability Accommodation
The Department of Housing and Urban Development (“HUD”) did not fail to accommodate a disabled lawyer by rejecting her request to work from home and offering alternative accommodations instead, the Seventh Circuit ruled in Yochim v. Carson, No. 18-3670 (7th Cir. Aug. 15, 2019). Affirming summary judgment, the Court held that the employee’s…
What’s New in 2019? A Look at the Ever-Changing Leave and Accommodation Law Landscape
2019 has brought a flurry of new leave and accommodation laws. In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed.
The states (and US territory) that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws go into effect…
Ninth Circuit Dodges the Question of Whether Morbid Obesity is an “Impairment” Under the ADA; EEOC Says Yes
By Jody Kahn Mason on
On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed the District Court’s grant of summary judgment in favor of the defendant, but came short of joining the Second, Sixth, Seventh and Eighth Circuits in explicitly holding that obesity cannot constitute a disability under applicable EEOC regulations unless there is evidence that the obesity is caused by an underlying physiological condition.…
Continue Reading Ninth Circuit Dodges the Question of Whether Morbid Obesity is an “Impairment” Under the ADA; EEOC Says Yes