Law and the Workplace

Tag Archives: accommodation

EEOC Issues Additional Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum, Alex Downie and Julia Hollreiser on Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic. … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use.  Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations.  As such, many employers have been grappling … Continue Reading

EEOC Releases Guidance on Employee Opioid Use and the ADA

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
Pill BottleThe Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also released a companion document for health care providers on helping patients who have used opioids to remain employed. The guidance defines “opioids” to include … Continue Reading

EEOC Updates Its COVID-19 Guidance

By Caralyn M. Olie and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On June 17, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing necessary considerations for employers that have employees returning to the workplace who are at higher risk for more severe illness due to COVID-19. This update supplemented the agency’s earlier guidance regarding best practices for diagnostic testing of employees, and the … Continue Reading

NYC Council Passes Bills Expanding Lactation Room Requirements for Employers

By Allan Bloom and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
UPDATE: The new laws have been enacted and will take effect on March 17, 2019. 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 … Continue Reading

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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
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

Illinois Expands Workplace Protections for Breastfeeding Employees

By Laura Fant and Steven J. Pearlman on Posted in Accessibility & Accommodation, Wage and Hour, Workplace Policies and Procedures
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

By Harris Mufson and Laura Fant on Posted in Accessibility & Accommodation, Leaves of Absences, The Proskauer Brief Podcast, Workplace Policies and Procedures
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

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

DOL Clarifies Pay Rules for FMLA-Related Breaks

By Allan Bloom on Posted in Wage and Hour
In an opinion letter issued on April 12, 2018, the U.S. Department of Labor concluded that 15-minute breaks throughout the day required by an employee’s serious health condition are not compensable—notwithstanding the general rule that breaks of 20 minutes or less are to be paid.  The agency explained the exception as follows: [R]est breaks up … Continue Reading

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

By Bassam Gergi, Evandro Gigante and Harris Mufson on Posted in Accessibility & Accommodation, Litigation and Arbitration, Workplace Policies and Procedures
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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
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

By Alex Weinstein and Steven J. Pearlman on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Leaves of Absences
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

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

By Keisha-Ann Gray and Laura Fant on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

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

By Minia Bremenstul and Nicole Eichberger on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation
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

By Evandro Gigante and Laura Fant on Posted in Accessibility & Accommodation
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

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 Laura Fant and Patrick Lamparello 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

EEOC Updates Pregnancy Discrimination Guidance

By Jacquelyn Weisman and Katharine Parker 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

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

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

No End In Sight For Wave of Paid Family and Sick Leave Laws

By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Wage and Hour, Workplace Policies and Procedures
Employers have been scrambling to keep up with the multitude of paid sick leave laws that were passed in the last several years.  These laws vary by jurisdiction and often can’t be easily reconciled into a uniform policy — an issue for multi-state employers.  As reported in today’s New York Times, President Obama is asking … Continue Reading
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