Law and the Workplace

Category Archives: Accessibility & Accommodation

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Participate in Proskauer’s Value Insights Survey

By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
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

By Evandro Gigante and Marissa A. Mastroianni on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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

By Katharine Parker on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Immigration, Independent Contractor, Leaves of Absences, Litigation and Arbitration, National Labor Relations Board, Non-Competes and Protection of Corporate Assets, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Whistleblower, Workplace Policies and Procedures, Workplace Restructuring and WARN
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

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
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

By Patrick Lamparello and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
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

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under the ADA

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act (“ADA”), even following the 2008 amendments to the ADA that broadened the definition of what is considered a protected disability. … Continue Reading

Fifth Circuit Weighs In On Breadth Of The Rehabilitation Act

By Allan Weitzman and Amy Blackwood on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does.  The decision is a good reminder that the Rehabilitation Act has a broader reach … Continue Reading

DOJ Announces Postponement of the Release of Proposed Web Accessibility Regulations for Public Accommodations Until 2018

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
Man using smartphoneBusinesses awaiting guidance from the U.S. Department of Justice (DOJ) on accessibility of online content for places of public accommodation under Title III of the Americans with Disabilities Act (ADA) were once again disappointed when the DOJ recently announced that it is pushing back the release of its proposed regulations until fiscal year 2018. As … Continue Reading

U.S. Access Board Releases the Latest in a Series of Guidance on Accessible Design Requirements Under the Americans with Disabilities Act

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
Retail stores, restaurants, event venues, and other places of public accommodation seeking guidance on accessible design requirements under the Americans with Disabilities Act (“ADA”) should be aware of the latest installment of technical bulletins recently released by the U.S. Access Board, the federal agency tasked with developing accessible design criteria for individuals with disabilities. The … Continue Reading

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to fight discrimination against individuals with disabilities in many aspects of everyday life, including in the workplace and in … Continue Reading

DOJ Releases Supplemental Guidance on Service Animals Under the Americans with Disabilities Act

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA.   This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical … Continue Reading

EEOC Updates Pregnancy Discrimination Guidance

By Katharine Parker and Jacquelyn Weisman on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. As we blogged about in March, the Court in Young articulated a new standard applicable to claims brought under the Pregnancy Discrimination Act (“PDA”), when … Continue Reading

Proposed Web Accessibility Regulations for Public Accommodations Delayed Yet Again

By Allan Weitzman and Laura Fant on Posted in Accessibility & Accommodation
The U.S. Department of Justice (DOJ) has once again pushed back the anticipated issue date for proposed regulations governing accessibility of online content for places of public accommodation governed by Title III of the Americans with Disabilities Act. According to the recently released Spring 2015 Unified Agenda, the proposed regulations, which had last been slated … Continue Reading

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Today the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to hire a Muslim applicant who wears a headscarf for religious reasons.  The decision, penned by … Continue Reading

EEOC Releases Proposed Rule on Employee Wellness Plans

By Katharine Parker, Stacy Barrow, Laura Fant and Tzvia Feiertag on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Yesterday, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their obligations under the Americans with Disabilities Act (ADA). The ADA prohibits medical exams that are not job related and consistent with business necessity but permits … Continue Reading

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young, a UPS driver, claimed that UPS intentionally discriminated against her by refusing to accommodate her pregnancy-related lifting restriction by transferring her to a … Continue Reading

EEOC Takes First Step Toward Issuing Rules on Employer-Sponsored Wellness Plans

By Katharine Parker and Laura Fant on Posted in Accessibility & Accommodation
On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and Budget (“OMB”) for review. This is the first step toward official EEOC regulations on the subject of wellness plans. Assuming the OMB provides … Continue Reading

Massachusetts Governor Signs Parental Leave Bill

By Samantha Regenbogen Manelin, Mark W. Batten and Vanessa Gilbreth on Posted in Accessibility & Accommodation, Leaves of Absences, Workplace Policies and Procedures
On January 7, 2015, Governor Deval Patrick signed into law a Parental Leave bill, which significantly amends Mass. Gen. L. ch. 149, section 105D.  Before the amendment, the Massachusetts Maternity Leave Act (“MMLA”) provided eight weeks of job-protected leave to female employees for the birth or adoption of a child. Now, however, among other expansive … Continue Reading

The Top 10 Trends in New Jersey Employment Law in 2014

By John Barry, Joseph O’Keefe, Daniel Saperstein and Matthew Engel on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Wage and Hour, Workplace Policies and Procedures
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.”  Read our Top 10 newsletter to learn more about … Continue Reading

EEOC Wellness Program Suits Highlight Need for Agency Guidance

By Katharine Parker and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens “involuntary” and thus violate Americans with Disabilities Act (ADA), which prohibits medical exams unless they are  voluntary or  are job-related and consistent with business necessity.  (See recent blog post about this.)  Senate Republicans rightly criticized the EEOC general counsel … Continue Reading

The District Of Columbia Enacts New Employee Protections, Requires Reasonable Accommodation for Pregnant Employees

By Joshua F. Alloy and Emilie Adams on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
Following the example of several other states and municipalities, the Council of the District of Columbia recently enacted (and the Mayor of the District of Columbia recently signed) the Protecting Pregnant Workers Fairness Act of 2014 (the “Act”).  The Act requires employers to provide reasonable workplace accommodations for workers whose ability to perform the functions … Continue Reading

Accessible Technology

By Katharine Parker on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
As most of our readers know, companies that are federal contractors and subcontractors are subject to new rules (which became effective on March 24, 2014) with respect to individuals with disabilities.   The new rules amended 41 CFR part 60-741, the nondiscrimination and affirmative action provisions of section 503  of the Rehabilitation Act and expanded the obligations … Continue Reading
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