The new year brings new laws for employers. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted when President Joe Biden signed the Consolidated Appropriations Act, 2023 on Dec. 29, 2022. Read our full article for practical guidance for employers.
reasonable accommodation
Updates to EEOC COVID-19 Guidance Reminds Employers of General Anti-Retaliation Protections for Employees
The EEOC has recently updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to include a section on Retaliation and Interference.
The update to EEOC’s guidance reviews anti-retaliation protections under the federal equal employment opportunity (EEO) laws including Title VII of the Civil Rights Act (Title…
Indiana Enacts Pregnancy Accommodations Law, Effective in July 2021
Virginia Expands Disability Discrimination Protections and Adds Domestic Worker Protections
Effective July 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers. Read more about the expanded law and next steps for employers here.
Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021).
This provides guidance for employers…
Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021). Read more about this decision and considerations for employers here.
What Am I Doing Wrong?? Common FMLA Mistakes
“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…
Regular, Reliable Attendance Can Be An Essential Function, Connecticut Appellate Court Holds
A recent Connecticut Appellate Court case provides helpful reminders that:
- regular, reliable attendance can be an essential function of many jobs; and
- eliminating an essential job function is not a reasonable accommodation.
Plaintiff in Barbabosa v. Board of Education of the Town of Manchester was a full-time, one-on-one paraprofessional for schoolchildren. The trial court held…
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related. For example, what happens if an overseas employee has a medical condition that causes them to miss work?
The…
Another Court Decides That Extended Leave is Not a Reasonable Accommodation
As employers struggle with managing how much, if any, leave is required as an accommodation under the ADA, we are beginning to get more direction from the Courts to guide those decisions. In Easter v. Arkansas Children’s Hospital (E.D. Ark. Oct. 3, 2018) an employee was unable to work after exhausting her FMLA leave but…