How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out!
Question 1: Which of the following federal employment laws require reasonable
accommodation, either by their terms or as courts have interpreted them over the years?
A. The Americans with Disabilities Act
B. The Family and Medical Leave Act
C. Title VII-religion
D. The Nursing Mothers Act
E. The Pregnancy Discrimination Act
F. All of the above
G. A, C, D, and E
ANSWER: G. The FMLA does not require reasonable accommodation, but all of these other laws do. And there is some overlap between the FMLA and pregnancy or disability accommodation because leave for pregnancy or disability can be a form of reasonable accommodation.
Happy Mother's Day weekend to all of you who are, or who have, mothers.
(I think that covers everybody.)
I couldn't think of a better way to start this weekend than with a quiz on pregnancy discrimination, lactation accommodation, "family discrimination," and the Family and Medical Leave Act. As always, answers are at the end of ...
Daily Trumpdates. Our new president has had a busy week, and I've been providing "Daily Trumpdates" of actions taken that are of interest to employers. Here are links to all the Trumpdates from this week:
TUESDAY: Good meeting with union reps
WEDNESDAY (twofer): The 4 known SCOTUS contenders
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers.
The following comes from each of the candidates' websites, supplemented by some news ...
(St. Patrick's Day is sooooo nine hours ago!)
Ever looking to the future, we celebrate the coming April Fools' Day with this month's greatest employment law blog posts. Some of my summaries are accurate, and others are "fools' editions" - you'll have to read the actual posts to know which is which. There are so many excellent posts that I'm listing them in alphabetical order by ...
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he was harassed and ...
As promised on Monday, here is my magnum opus regarding the EEOC's new Enforcement Guidance on Pregnancy Discrimination and Related Issues. (Next week, I'll try to get back to spurious sexual harassment lawsuits against Yahoo executives and gift cards to employees who don't go to the bathroom during the work day . . . all that really important stuff.)
This past Monday, July 14, a divided ...
I presented a webinar this past Wednesday for the Clear Law Institute on the topic of pregnancy and lactation accommodation. As most of our readers know, many state and local governments are passing laws requiring that pregnant women be reasonably accommodated on the job rather than being forced to take medical leaves of absence until after the baby is born. And we are starting to see some ...
Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).