ADA
Four New Year’s Resolutions for Employers
New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions for employers that can minimize the risk of exposure and reputational damage in this ever-changing legal…
Read MoreA USERRA Leave Primer for Employers
Employers rely on consistent employee attendance to keep their businesses running properly. The best-laid plans can be disrupted by employee absences leaving a gap in satisfying their customers’ needs. As a result, employers rely on reasonable and enforceable attendance policies to support their operations. Those attendance policies must make room for appropriate employee time off…
Read MoreAt a Glance: Hiring Employees in USA
Background information on applicants Background checks Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party? Federal law does not generally restrict background checks of applicants and employees provided that the employer conducts the check directly rather…
Read More7th Circuit Rules ADA May Require Accommodations for Commuting Employees
An employee at Charter Communications LLC worked a 12:00 – 9:00 p.m. shift at a call center about one hour away from his home. After he was diagnosed with cataracts and his optometrist advised him not to drive at night, he asked Charter to change his shift so that he no longer had to drive…
Read More“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,…
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