Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act (“ADA”) even if they can perform the essential functions of their job without accommodation.

Arielle E. Kobetz
Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.
Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.
Florida HR Considerations: Marijuana in the Workplace

Florida employers should take note of new developments regarding marijuana use.
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v. Hillsborough County (Fla. 13th Cir. Ct. Dec. 10, 2024), the…
DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA
The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave where the employee is also receiving benefits under a state or local paid family or medical leave program.
The…
New York City Amends Lactation Room Accommodation Policy Requirements
Effective May 8, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy.
Recently enacted Local Law 109 amends existing language under the New York City Human Rights Law regarding the obligation of employers to implement and distribute a written lactation accommodation policy. …