As most readers of this blog are aware, the Americans with Disabilities Act (“ADA”) and analogous state laws prohibit employers from discriminating against qualified employees (and applicants) based on known physical or mental disabilities, and also require employers to provide those employees with reasonable accommodations for their disabilities. Although broad in their protections, these laws … Continue Reading
On December 7, 2018, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit unanimously held in Hustvet v. Allina Health System that an employer did not unlawfully terminate an employee who refused to receive a rubella vaccination. The plaintiff, a healthcare specialist working with potentially vulnerable patients, requested an accommodation exempting … Continue Reading
The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up. Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical … Continue Reading
Not pulling any punches, the United States Court of Appeals for the First Circuit recently issued a decision finding against a disabled former Burger King franchise employee, explaining that although its admittedly harsh decision was a “lesson straight out of the school of hard knocks,” “[n]o matter how sympathetic a plaintiff or how harrowing his … Continue Reading
On February 15, 2018, the United States House of Representatives voted in favor of adopting the ADA Education and Reform Act of 2017, H.R. 620, which, if approved by the Senate and signed into law, would amend the Americans with Disabilities Act (“ADA”). Title III of the ADA (“Title III”) requires “places of public accommodation” … Continue Reading
On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”). As we all know, the ADA prohibits employers from discriminating against “qualified individuals” with disabilities, defining such individuals as applicants or employees who, with … Continue Reading
A U.S. District Court for the Southern District of Florida has held that Title III of the ADA, applicable to “Public Accommodations” applies to the Winn-Dixie Companies’ website, finding that the company has an obligation to make their website accessible by individuals with disabilities who use computers, laptops, tablets and smart phones. The policy must … Continue Reading
On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading
Arizona is just one of many states in which business owners – many of them, small business owners – are being inundated with lawsuits filed by disabled individuals or disability advocacy organizations alleging inaccessible public accommodations. These serial litigants allege that the defendants have failed to comply with the Americans with Disabilities Act (“ADA”) or … Continue Reading
Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured. But a new resource document issued by the EEOC … Continue Reading
A recent decision by the Full Federal Court upheld a FIFO worker’s workers’ compensation claim, finding that a pub brawl outside the local tavern occurred in the “course of his employment”. Mr Westrupp worked a 2 week on/2 week off roster for BIS Industries Ltd (BIS) in Leinster, a remote mining town in Western Australia. … Continue Reading
The Government has commissioned the Migration Advisory Committee to review Tier 2 of the UK’s immigration system “with a view to significantly reducing net migration to the UK”. On 25 September we submitted our response to the MAC’s call for evidence. It took into account opinions canvassed from a number of international clients and contacts … Continue Reading
From Lauren Kuley via Squire Patton Boggs’ Sixth Circuit Appellate Blog: On April 10, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees. In EEOC v. Ford Motor Co., a divided en banc Sixth Circuit affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity … Continue Reading
Marshel Copple is a “Sun Worshipping Atheist” – a religion he created and of which he is the sole member. The core principles of Sun Worshipping Atheism, according to Mr. Copple, include: praying in the sun; taking natural fresh air daily; sleeping eight hours or more; eating and drinking when needed; frequent exercise; daily rest; … Continue Reading
Court Revives 2008 Pregnancy Bias Suit by Former UPS Employee Who Was Denied Light Duty Work Accommodation On March 25th, the United States Supreme Court vacated a lower court’s ruling in favor of United Parcel Service, Inc. (UPS) against a former delivery truck driver, Peggy Young, who claimed, among other things, that she was discriminated … Continue Reading
On March 16, the Tenth Circuit Court of Appeals – which has jurisdiction over appeals from Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming – drove home that when it comes to jury instructions, the devil is in the details. Reasoning that a lower court jury “might have relied on the erroneous direct-threat standard,” the … Continue Reading
Although a few states – most notably California – as well as a handful of cities have passed legislation requiring that employers provide paid sick leave benefits to employees, federal law presently does not mandate that employers offer this benefit. (The federal Family and Medical Leave Act (FMLA) requires that certain employers provide time off … Continue Reading
Next term, the U.S. Supreme Court will take up the case of a Muslim teenager, Samantha Elauf, who was denied a job a retailer Abercrombie & Fitch Co. because she wore a headscarf. Abercrombie has faced a number of lawsuits in recent years stemming from the clash between the retailer’s “Look Policy” and the religious practices … Continue Reading
We are in the midst of below-freezing temperatures here in Cleveland, Ohio. Other parts of the world have been experiencing a blanket of snow for weeks already. It’s beautiful actually to see the snow sprinkle down and gather on tree limbs…beautiful for about two days, if you don’t have to leave the house and can … Continue Reading
When I was growing up I didn’t know a single person who was allergic to nuts or any other food. Now it seems every classroom in my children’s school has at least one child with a life-threatening (anaphylactic) allergic reaction to something…usually nuts. According to the results of a survey conducted by the Center for … Continue Reading
The EHRC has responded to the recent “crucifix cases” with some new guidance on religion or belief in the workplace. This is a brave attempt to reduce into nine pages of large font print the infinitely varied factual issues which can arise where an employee seeks some accommodation from his employer for his religion or … Continue Reading
The EAT ruled last week on whether an employer should have accommodated a Christian employee’s request to not work on Sundays. It is easy to conclude that it held that Christians have no right to refuse to work on a Sunday as it is “not a core requirement of the faith”. However, that would be … Continue Reading
I am writing this in Cricklewood. At Cricklewood Station, actually. I have been here some time. There is no telling when I might be able to leave. I am sitting on a narrow seat next to a very large but insufficiently-showered gentleman with a moron’s taste in music and ill-fitting headphones. I am having another … Continue Reading
