Law and the Workplace

Category Archives: Accessibility & Accommodation

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NYC Council Passes Bills Expanding Lactation Room Requirements for Employers

The New York City Council recently passed two bills that would amend the NYC Human Rights Law to expand the requirements of employers with four or more employees to provide lactation space for breastfeeding employees.  The bills have been sent to Mayor Bill de Blasio, who is expected to sign them, for consideration.  If enacted, … Continue Reading

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

Supervisor and colleague discussionNew York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes effect on October 15, 2018. As we have previously reported, while the New York City Human Rights Law (NYCHRL) has long required that … Continue Reading

Proposed Rules Issued for New Jersey Paid Sick Leave Act

The New Jersey Department of Labor and Workforce Development has issued proposed rules for the recently enacted New Jersey paid sick leave act (the “Act”), which will take effect on October 29, 2018. The proposed rules will be subject to a 60-day public comment period. As we have previously reported, the Act will require employers … Continue Reading

Illinois Expands Workplace Protections for Breastfeeding Employees

Governor Bruce Rauner has signed into law a bill that expands protections for employees needing to express breast milk in the workplace.  The law amends the preexisting Nursing Mothers in the Workplace Act (the “Act”) in several significant ways—most notably that break time provided for the expression of milk “may not reduce an employee’s compensation” … Continue Reading

[Podcast]: New York City Temporary Schedule Change Law

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law effectively requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for … Continue Reading

Mandatory Posting Requirement Announced for NYC Temporary Schedule Change Law

Clock and calendarAs we have previously reported, effective July 18, 2018, employers in New York City are now required to grant employee requests for temporary work schedule changes when needed for certain medical and family care purposes.  Employers are required to grant such requests either twice per calendar year for up to one business day per request, … Continue Reading

Are You Prepared for the Massachusetts Pregnant Workers Fairness Act to Go Into Effect on April 1?

As the April 1, 2018 effective date of the Massachusetts Pregnant Workers Fairness Act (“MPWFA”) draws near, it is time to ensure that company policies and practices are in compliance with the new law. Within the last few months, the Massachusetts Commission Against Discrimination (“MCAD”) has issued interpretative guidance (including initial guidance issued January 23, … Continue Reading

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an Accommodation

The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to mandate that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a reasonable accommodation. On January 19, 2018, because the Mayor failed to take action within thirty days of its passage, the … Continue Reading

New Jersey Enacts State Anti-Discrimination Protections for Breastfeeding

Newly enacted amendments to the New Jersey Law Against Discrimination (NJLAD) have expanded state anti-discrimination protections in the workplace, housing, and in public accommodations to include individuals who are breastfeeding or expressing milk.  The amendments also require employers to provide reasonable accommodation to breastfeeding employees.  The amendments took effect immediately upon signing by the Governor … Continue Reading

UPDATE: NYC Council Passes Bill Requiring Accommodation of Temporary Schedule Changes for Certain Medical and Family Care Purposes

Clock and calendarThe New York City Council has passed a bill that will require employers to grant requests for temporary work schedule changes when needed for certain medical and family care purposes.  UPDATE: The bill became law on January 19, 2018 after Mayor Bill de Blasio neither signed nor vetoed it.  It takes effect on July 18, … Continue Reading

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

Leave of absence formIn a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to provide an employee with a long-term medical leave of absence.  Indeed, the court found that “a long-term leave of absence … Continue Reading

Massachusetts Pregnant Workers Fairness Act Becomes Law

On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate. As discussed previously, the MPWFA (formerly H. 3816) ensures that pregnant workers or workers with pregnancy-related conditions (such as nursing) receive reasonable accommodations and protection … Continue Reading

Connecticut Expands Anti-Discrimination and Accommodation Protections for Pregnant Employees and Applicants

Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the state’s existing anti-discrimination law. The expanded protections amend the Connecticut Fair Employment Practices Act (“CFEPA”) and will go into effect October 1, 2017. … Continue Reading

Massachusetts Senate Passes Pregnant Workers Fairness Act

The Massachusetts Senate has unanimously voted to pass “An Act Establishing the Massachusetts Pregnant Workers Fairness Act” (“MPWFA”) in an effort to make sure that pregnant and nursing employees receive the same protections under Mass. Gen. Laws Chapter 151B as do other protected classes of employees. The bill, which had previously unanimously passed in the … Continue Reading

Proskauer’s Value Insights Survey is Now Live

Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into … Continue Reading

EEOC Issues Publication on Rights of Applicants and Employees with Mental Health Conditions Under the Americans with Disabilities Act

EEOC sealThe EEOC has issued a new publication titled “Depression, PTSD & Other Mental Health Conditions in the Workplace: Your Legal Rights” aimed at informing applicants and employees with mental health conditions of their employment rights under the Americans with Disabilities Act (“ADA”). The publication presents a series of questions and answers regarding applicants’ and employees’ … Continue Reading

Participate in Proskauer’s Value Insights Survey

Last year, Proskauer’s Labor and Employment Law Department conducted its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives and to work with … Continue Reading

EEOC Issues Fiscal Year 2016 Performance Report

EEOC sealOn November 15, 2016, the EEOC published its Fiscal Year 2016 Performance and Accountability Report. The Performance Report details the EEOC’s efforts over the past fiscal year, which ran from October 1, 2015 to September 30, 2016, toward achieving “equality and justice for all” as described by Chair Jenny Yang.  In 2012, the agency adopted … Continue Reading

Proskauer Releases Survey Results on Value Insights: Delivering Value in Labor and Employment Law

Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading

EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA

EEOC sealThe Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act (“GINA”). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and will … Continue Reading

EEOC Releases New Guidance on Unpaid Leave as a Reasonable Accommodation Under the ADA

Leave of absence formThe Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). The guidance, issued on May 9, 2016, makes clear that employers must not only provide employees with disabilities access to leave as an accommodation on the same basis as similarly situated … Continue Reading

Utah Law Requiring Employers to Provide Reasonable Accommodations Related to Pregnancy and Breastfeeding to Take Effect May 10, 2016

Utah recently passed a new law, which will be effective May 10, 2016, designed to provide additional workplace protections to employees who are pregnant, breastfeeding and/or dealing with other related conditions. Under the new law, which amends the Utah state anti-discrimination statute, employers with 15 or more employees cannot refuse to provide a requested accommodation … Continue Reading

California Court Rules That Retailer Must Make Its Website Accessible For Users With Visual Disabilities Under the ADA

Man using smartphoneIn a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing to make its website accessible to a blind customer. This summary judgment decision is noteworthy because in addition to holding that … Continue Reading
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