Offering Practical Guidance to Employers
Among the many changes recently proposed to the Patient Protection and Affordable Care Act (“ACA”), one that has not yet occurred is a repeal of the requirement that certain employers provide break time for nursing mothers.
ACA Amendment To The FLSA
Effective March 23, 2010, the ACA amended the Fair Labor Standards Act (“FLSA”) to…
Since Election Day, prognosticators and pundits have been speculating about how the Trump Administration’s actions will impact existing laws and regulations. Now that President Trump and his team have hit the ground running, what can we expect from the Department of Labor (including OFCCP), the EEOC and the President’s own executive actions in the areas…
On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. In addition to outlining expanded definitions of “opposition” and “participation” activity with respect to retaliation claims, the EEOC also addressed section 503(b) of the ADA. Section 503(b) makes it unlawful to “coerce, intimidate, threaten or interfere” with an individual who attempts to exercise ADA rights or one who assists or encourages others to do so.
What Makes ADA Interference Different
In its guidance, the EEOC notes the interference provisions of the ADA are broader than the statute’s anti-retaliation provisions. Specifically, actions that may not be materially adverse for a retaliation claim may suffice for an interference action. Another distinguishing feature of an ADA interference claim, according to the agency, is that an individual pursuing relief need not be a qualified person with a disability.
Continue Reading EEOC Explains ADA Interference – Employers Take Note
In a controversial move, the EEOC yesterday issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a “Q&A” document about the guidance and a Fact Sheet for Small Businesses. Two Commissioners, Constance S. Barker and Victoria A. Lipnic, filed statements expressing their dissent from the Commission’s adoption of the Guidance.…
Add Philly to the quickly growing list of jurisdictions requiring employers to accommodate pregnant employees.
The Philadelphia Ordinance requires employers, upon request, to reasonably accommodate an employee “for needs related to pregnancy, childbirth, or a related medical condition” unless to do so will cause an undue hardship.
Examples of reasonable accommodation include “restroom breaks, periodic…
New Jersey joins the growing number of jurisdictions requiring employers to provide reasonable accommodations to pregnant employees. The law became effective on January 20, 2014.
An employer must provide such an accommodation to a pregnant employee who makes such a request for needs related to pregnancy, and upon the advice of her doctor, unless to…
