ADA
“Unlimited Sick Time, Without Penalty, Is Not a Reasonable Accommodation”
At least, not when in-person attendance is an essential function of the job, according to the U.S. Court of Appeals for the Seventh Circuit (which further noted that it is generally an essential function of many jobs). Accordingly, requiring an employee to use her existing sick time to cover disability-related absences did not violate the…
Read MoreAccommodating Disabilities Under the ADA: Just Because You Can Doesn’t Mean You Must
It’s widely understood that the Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to individuals with disabilities to enable them to perform their essential job functions. What’s not so well understood is what exactly is a “reasonable accommodation,” and when and what job functions are truly “essential.” A recent decision from…
Read MoreWhat Manufacturers Should Know About the ADA’s Exception for ‘Transitory and Minor’ Impairments
Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,” although transitory and minor impairments are ill-defined. Manufacturing and Disability The ADA defines “disability” in three ways: (1) a physical or mental…
Read MoreThe Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent…
Read MoreNumerous Employment Law Developments to Be Aware Of
As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice. REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES On June 27,…
Read MorePregnant Workers Fairness Act Requires Employers to Provide Reasonable Accommodations Effective June 27
Go-To Guide: The PWFA goes into effect on June 27, 2023, and the EEOC will start accepting PWFA charges the same day. Employers are required to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. The federal Pregnant Workers Fairness Act (PWFA or the Act) will take effect June 27,…
Read MoreEmployment Law Developments Coming Soon to a Manufacturing Facility Near You
Every year, some developments in employment law have greater potential to affect the manufacturing industry than others. Thus far in 2023, possible changes to the salary threshold under the Fair Labor Standards Act (FLSA) and changes to the independent contractor classification are among the developments manufacturing employers should watch. FLSA Salary Threshold It is anticipated…
Read MoreInterpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the accommodation? In Beasley v. O’Reilly Auto Parts, the 11th Circuit says yes, but clarifies that an employee must show…
Read MoreWorkplace Violence: An Unfortunate Reality – Are You Prepared?
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep…
Read MoreHow Do We Handle Drug or Alcohol Impairment in the Workplace?
Here is a question we received via email from a company with multiple locations in different states: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use. We are particularly concerned about…
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