Reasonable Accommodation

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Employers like predictability. And it would make sense that, for an employee who previously worked remotely, well, remote work should be a reasonable accommodation. But a recent case warns employers not to jump to that conclusion so quickly.Continue Reading Just Because It Worked Before Doesn’t Make It a Reasonable Accommodation Now…

So, in my first week of work at my current law firm, I discovered I was pregnant. Obviously, the timing wasn’t great. And frankly, I was terrified to tell my new bosses that, gosh, in about 8 months, I would need parental leave. (And by the way, the only other female attorney at that time was also pregnant, and due around the same time). But when I finally did, the partners (including the other pregnant attorney) were all incredibly supportive. Which is one of the reasons why, after many years, I’m still here. Continue Reading But The Applicant Didn’t Tell Me They Were Disabled…

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a Final Rule and Interpretive Guidance to implement the relatively new Pregnant Workers Fairness Act (PWFA), which was enacted by Congress in December of 2022 and which already took effect on June 27, 2023. The Final Rule and Interpretive Guidance provide guidance, with many illustrative examples, on how the EEOC plans to interpret employers’ obligations under the PWFA – and in some cases, expands the obligations beyond even the heightened standards under the Americans with Disabilities Act.Continue Reading The EEOC Releases Onerous Final Rule Implementing the Pregnant Workers Fairness Act

According to some courts, no. According to the Equal Employment Opportunity Commission and other courts, yes. And the EEOC is being the squeaky wheel regarding its position, as evidenced by a recent settlement announcement. Continue Reading Are Reasonable Accommodations Required for an Employee’s Commute?

‘Tis the season for holiday parties – and possible employer liability. But don’t be a Scrooge. The Three Wise men employers should keep some things in mind in planning holiday events for their employees.Continue Reading Employers – Be Merry and Bright … And Thoughtful About Those Holiday Parties!

Well I think we all recognize that Artificial Intelligence (AI) has created some seismic shifts in the way things can be done, including in the workplace (and I covered many of the risks and concerns of generative AI for employers in our June 2023 E-Update). Governments at all levels are taking action to try to put guardrails on the use of AI. And now, President Biden has signed an Executive Order on “Safe, Secure and Trustworthy Artificial Intelligence,” as summarized in a Fact Sheet. This is a wide-ranging EO, but one of the areas it specifically addresses is the impact on workers. Continue Reading What Impact Will President Biden’s AI Executive Order Have in the Workplace?

What on earth (or not) is a Lunar Sabbath, anyway? I’m sure that’s what was going through the employer’s mind when the employee requested a schedule adjustment so that she could observe her Sabbath, in a recent federal case that provides some lessons for employers on religious accommodations – an issue of particular interest following the Supreme Court’s overhaul of the religious accommodations standard earlier this year.Continue Reading Reasonable Accommodations for a Lunar Sabbath?

Throughout the COVID-19 pandemic, the EEOC has provided guidance to employers on how the federal anti-discrimination laws interact with COVID-19. This guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws, was revised multiple times to account for changing circumstances and, now with the declared end of the COVID-19 public health emergency, the EEOC has updated it once more. The revisions remind employers that, although the declared emergency may be over, COVID-19 still has a workplace impact that lingers on.Continue Reading Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance

Way back in 2016, I wrote a blog post on menstrual leave, in which I suggested that menstrual leave (the concept of giving women up to 3 or so days of leave during THAT time of month) was not necessary for all women. Interestingly, this post struck a nerve and I received a number of hate emails about this post from people who suffer from extreme menstrual pain and WHO OBVIOUSLY DID NOT READ THE ENTIRE POST. Continue Reading Menstrual Leave Redux

On May 1, 2023, President Biden issued a statement announcing the end of the federal COVID-19 vaccine mandates, including those impacting federal contractors and CMS-covered healthcare employers, among others. But what impact does this have on employer vaccine mandates?Continue Reading Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers