Law and the Workplace

Tag Archives: accommodation

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

Philadelphia Requires Reasonable Accommodation of Nursing Mothers

By Katharine Parker and Daniel Saperstein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
On September 3, Philadelphia made it unlawful for an employer to fail to reasonably accommodate the need to express breast milk, where the accommodation does not impose an undue hardship.  The new law, which is now in effect, amends the city’s fair practices ordinance.  Reasonable accommodations under the law include providing unpaid break time or … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
The Attorney General recently announced that the deadline for providing public comment on the aforementioned NPRM regarding captioning and audio description in movie theaters has been extended for an additional sixty days from September 30, 2014 to December 1, 2014.  The extension was granted based upon a public request citing the number and complexity of … Continue Reading

Delaware Latest State to Expand Protections for Pregnant Applicants and Workers

By Katharine Parker and Daniel Saperstein on Posted in Leaves of Absences, Workplace Policies and Procedures
On September 9, 2014, Delaware joined a number of other states, enacting legislation to require reasonable accommodation of pregnancy, not just pregnancy disability.  Accommodations that would pose an undue hardship are not required.  The new law takes effect immediately. The Delaware law is notable because it expressly refers to lactation as being a pregnancy-related condition … Continue Reading

A Pregnant Pause For Illinois Employees?

By Katharine Parker and K.M. Zouhary on Posted in Leaves of Absences, Workplace Policies and Procedures
Following a national trend, Governor Pat Quinn recently signed legislation amending and expanding the protections under the Illinois Human Rights Act (“IHRA”) for pregnant applicants and employees, requiring reasonable accommodation of pregnancy, not just pregnancy disability. The amendment, which takes effect January 1, 2015, applies to all employers with at least one employee. Examples of … Continue Reading

Update: It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
Starting today, August 1, 2014, and until September 30, 2014, DOJ is seeking public comment on a number of issues related to the aforementioned NPRM regarding captioning and audio description in movies theaters.  This includes the issue mentioned above regarding whether closed captioning and audio description requirements should also apply to theaters showing movies in … Continue Reading

It’s Time For A Close Up: DOJ Announces Proposed Rule That Would Require Movie Theaters to Provide Closed Captioning and Audio Description

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
On July 25, 2014, the U.S. Department of Justice (“DOJ”) announced the impending publication of a Notice of Proposed Rulemaking (“NPRM”) covering closed captioning and audio description requirements for movie theaters.  This NPRM seeks to create a consistent nationwide standard for theaters to exhibit movies that are available with closed captioning and audio description at … Continue Reading

California District Court Holds Redbox Not Required to Offer Captioning On Its Website, Affirming Ninth Circuit Position that Entities that Purely Exist in Cyber-Space Are Not Places of Public Accommodation Under the ADA

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation
Yet another district court in the Ninth Circuit has affirmed the position that websites with no nexus to traditional brick and mortar places of public accommodation are not in and of themselves places of public accommodation under Title III of the Americans with Disabilities Act (ADA), while also underscoring that Title III does not require … Continue Reading

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

By Katharine Parker, Allan Weitzman, Fredric Leffler and Marc A. Mandelman on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
As religious discrimination charges have increased steadily, the Equal Employment Opportunity Commission released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights Act of 1964 to improve employer awareness and compliance. The guide answers sample employers’ questions about how federal employment … Continue Reading

EEOC Issues New Guidance on Accommodation of Religion

By Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Today, the EEOC issued new guidance on accommodation of religion.  The guidance focuses on accommodation of religious clothing, garb and grooming.  However, it touches on other topics, such as religious harassment, as well.  While the guidance docs not set any new standards, employers should review the many examples of situations that would or would not … Continue Reading

Air Carrier Access Act: Department of Transportation Finalizes New Rules Governing Accessibility of Airline Web Sites and Kiosks

By Allan Weitzman, Carolyn Doppelt Gray and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
The United States Department of Transportation recently issued a series of final rules geared to improve air travel accessibility for individuals with disabilities as part of its continuing implementation of the Air Carrier Access Act of 1986, 49 U.S.C. 41705. This alert takes a close look at the rules, which go into effect on December … Continue Reading

Supreme Court’s DOMA Decision Affects Employers’ Obligations Under the FMLA

By Fredric Leffler, Marc A. Mandelman, Katharine Parker and Allan Weitzman on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
In the recent decision in United States v. Windsor, the U.S. Supreme Court struck down the federal law that defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who is a husband or a wife. These definitions, codified in … Continue Reading
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