In June 2011, the EEOC held a public hearing on leave as a reasonable accommodation under the ADA and suggested it might issue guidance on the topic. We posted previously that waiting for that guidance is like waiting for Beckett’s Godot, where those waiting come to the realization at the end of each day that
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Philly Employers Must Accommodate Pregnant Workers
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Posted in Pregnancy, Uncategorized
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…
Reefer Madness? More States Likely to Legalize Recreational Marijuana; More Challenges for Employers
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It began in 2013, with Colorado and Washington voting to legalize recreational marijuana. Alaska and Oregon will follow suit in 2014, according to The Kiplinger Letter. Next in line are Arizona, California, Massachusetts, Maine, Montana and Nevada, which are likely to legalize recreational marijuana in 2016, according to Kiplinger’s. And let’s not overlook the…
OFCCP’s Revised Self-Identification of Disability Form Approved
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Under revised Office of Federal Contract Compliance Programs (OFCCP) regulations implementing Section 503 of the Rehabilitation Act of 1973 (Section 503), covering individuals with disabilities, employers must invite job applicants and employees to self-identify their disabilities on a standard “Voluntary Self-Identification of Disability” form prescribed by the agency. Office of Management and Budget (OMB) approved…
“Substantial” Limitation under the ADA Not as “Substantial” as it Used to Be
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Posted in ADA, Uncategorized
Ain’t nothing like it used to be,” wailed the rock band Steppenwolf a few decades ago, and that observation applies as well to the definition of “substantial limitation” under the ADA. In a case of first impression, the United States Court of Appeals for the Fourth Circuit held that the “substantial limitation” on a major…
Doctor’s Request for Family Medical History Leads to Employer Settling “Systemic” GINA Claim
By Patricia Anderson Pryor on
Posted in Uncategorized
A nursing home has settled claims of systemic violations of the Genetic Information Nondiscrimination Act (GINA) brought by the EEOC by agreeing to pay $370,000, the EEOC has announced. In EEOC v. Founders Pavilion, Inc. (W.D.N.Y., filed May 16, 2013), the EEOC had alleged that the employer violated GINA when the doctor to whom…
Severe Morning Sickness Not a Disability; Nonetheless, Retaliation Claim Proceeds
By Patricia Anderson Pryor on
Posted in Uncategorized
Can an employer be liable for retaliation under the Rehabilitation Act when it denies a non-disabled pregnant employee’s request to work from home? In Wonasue v. University of Maryland Alumni Association (D. Md. November 22, 2013), the District Court of Maryland says it can when the denial is accompanied by a warning that the employee…
“Discouraging” FMLA Leave Claim Survives Motion to Dismiss
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Allegations concerning an employer’s pre-FMLA leave comments were sufficient to plead an FMLA “discouraging” claim, according to a federal district court in New York. Bailey Stoler et al v. Institute For Integrative Nutrition and Joshua Rosenthal (S.D.N.Y. November 18, 2013). In this putative class action complaint, the plaintiffs alleged that defendants consider female employees’ potential…
New York City Council Passes Law Requiring Pregnancy-Related Accommodations, Legislation Awaits Mayor’s Approval
By Joseph J. Lynett on
Posted in Uncategorized
On September 24, 2013, the New York City Council unanimously approved legislation that requires most New York City employers to provide reasonable accommodation for an employee’s pregnancy, childbirth or related medical conditions. While the legislation must be approved by the Mayor to become law, the City Council passed the measure by a seemingly veto-proof 47-0…
U.S. DOL Announces New Section 503 Disability Regulations
By Jackson Lewis P.C. on
Posted in Uncategorized
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced a Final Rule that makes historic changes to the regulations implementing Section 503 of the Rehabilitation Act with regard to the employment of individuals with disabilities, referred to in the Rule as “IWDs.” As explained in the DOL’s announcement, “Section…