Reasonable Accommodation

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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

So many EEOC lawsuits – so many lessons… Some recent announcements from the Equal Employment Opportunity Commission (which is the federal agency that enforces federal anti-discrimination laws) provide some lessons for employers on possible reasonable accommodations under the Americans with Disabilities Act – specifically, when such accommodations already exist for the employee in question or their co-workers.…

Continue Reading Don’t Deny a Reasonable Accommodation that Exists – Really!

As a follow up to Fiona Ong’s blog post detailing the highly disturbing (but sadly not surprising) treatment[1] of an associate who interviewed for and accepted a new position while on parental leave, this blog post focuses on how employers can best support their employees who have taken parental leave—both those who have given birth and those who take caregiving leave and are adjusting to new responsibilities as a parent. As an employment lawyer and mom who returned to full-time work after having three children, here are some tips to support your new parents in the workplace.…

Continue Reading Maternity Leave ≠ Sitting on Your Ass: Part II

I’ve previously written about an employer’s obligation to accommodate service or emotional support animals in the workplace, as well as guidelines the employer should consider if it finds itself on the receiving end of such a request.  At the time of that blog post, the EEOC had filed suit in the Northern District of Iowa alleging that a national trucking conglomerate failed to accommodate, refused to hire, and then retaliated against a veteran truck driver because he used a service dog, in violation of the Americans with Disabilities Act (“ADA”). (The ADA both prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to such employees to enable them to perform their essential job functions or enjoy the privileges and benefits of employment.) That case ultimately resulted in a negotiated settlement and consent decree in March 2019.  More recently, in July 2022, the EEOC filed suit against arts-and-crafts retailer Hobby Lobby alleging that it violated the ADA by refusing to provide reasonable accommodations and by terminating a cashier who relied upon a service dog to assist her with symptoms caused by post-traumatic stress disorder, anxiety, and depression. …

Continue Reading Support/Service Animals in the Workplace – What Should Employers Do?

So, many people, including my son, are rejoicing because the voters in Maryland approved recreational marijuana (which Maryland refers to as “cannabis”) last week. Employers, however, are perhaps not quite so excited – and may be confused about what that  actually means for the workplace. While we don’t yet have all the answers, let’s talk about what we do know.
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Continue Reading Recreational Marijuana in Maryland? What Employers Need to Know

So awhile back, I wrote a blog post about DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist! Let me explain.
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Continue Reading Wait – But the Disability Law Doesn’t Actually Say That!

Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? Even if the employer might be mistaken and the employee has a legally protected disability? An appellate court recently provided the answer. No!!
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Continue Reading Are Rumor Based Beliefs a Defense to Discrimination Claims?

I know we’re all tired of COVID-19, and many of us are just pretending that life has returned to normal. But, just as the darned variants continue to evolve, so does the Equal Employment Opportunity Commission’s What You Should Know About COVID and the ADA, the Rehabilitation Act, and Other EEO Laws guidance. This week, the EEOC updated a number of its Q&As, with some more targeted guidance for employers. Of particular interest (at least to this management-side attorney) are the newly-identified factors that employers should consider to establish a business-necessity for viral testing and those that are relevant to the direct threat assessment.  Here’s our summary of most of the updated questions:
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Continue Reading The EEOC Updates Its COVID Guidance for Employers – Testing, Accommodations, Direct Threat and More