EEOC allegations ring true. Continue Reading ›
I’d call this “reasonable accommodation for dummies,” but y’all aren’t dumb. Continue Reading ›
"Some harm" is all it takes. Continue Reading ›
Accommodate, accommodate, accommodate!
I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller ones). Continue Reading ›
"Reverse discrimination," ADA, religion, and nationwide injunctions. Continue Reading ›
EDITOR’S NOTE: A version of this article was previously published on Forbes.com. Continue Reading ›
Based on a real lawsuit. Continue Reading ›
Stuff's getting real. Continue Reading ›
Don't be this employer. (Allegedly.) Continue Reading ›
Easy? Ha! Continue Reading ›
Sober up, folks! Here we go. Continue Reading ›
Warning -- I'm about to go on a rant. Continue Reading ›
If you follow these, you should be in great shape. Continue Reading ›
Asking about family history is usually illegal. Continue Reading ›
Employers, take warning! Continue Reading ›
A lot has changed since Mother's Day 2023. Continue Reading ›
*And are sorry you asked. Continue Reading ›
How much do you know about this burning issue? Continue Reading ›
Expect to see more of this. Continue Reading ›
Was that impolite? Continue Reading ›
That's one way to get employers to allow remote work. Continue Reading ›
How does the ADA work for pro athletes? Continue Reading ›
Nothing you wouldn't already have figured out. Continue Reading ›
Morals based on a real court decision. Continue Reading ›
Will the Court be opening the floodgates? Continue Reading ›
Mental illness can cause problems at work, and keep employees from getting help. Continue Reading ›
This is a G-rated post. PG at worst. Continue Reading ›
"Undue hardship" defense is likely to become tougher. Continue Reading ›
Pregnancy and lactation accommodation. Continue Reading ›
The court punted. Continue Reading ›
Remember faxes? I don't. Continue Reading ›
Here's a handy summary of the federal employment laws that apply to vets. Continue Reading ›
Fictional, but based on a true story. Continue Reading ›
If so, what will that mean for employers? Continue Reading ›
So misunderstood! Continue Reading ›
I'm not sure I agree. With all due respect. Continue Reading ›
Everybody's favorite subject. Continue Reading ›
And, for that, we should be grateful. Continue Reading ›
While still complying with the ADA. Continue Reading ›
A new series. Continue Reading ›
From my blog inbox . . . Continue Reading ›
I'm not sure the ADA will let you do that. Continue Reading ›
Here's what's been going on this week. Continue Reading ›
Happy days are here again! Continue Reading ›
... and have been asking about for months. Continue Reading ›
Vaccine incentives are generally ok! Continue Reading ›
Can employers breathe easy now? Continue Reading ›
Before the coming crackdown. Continue Reading ›
Some Q and A. Continue Reading ›
And employers will like it. Continue Reading ›
My best guess is yes. Continue Reading ›
In honor of Veterans Day, here's a summary of employment laws that protect you. Continue Reading ›
Do you make the grade? Continue Reading ›
The EEOC updated its guidance this week. Continue Reading ›
An easy-to-read guide that works for all employees using legal meds.* Continue Reading ›
Nuances you never thought possible. Continue Reading ›
The EEOC has started issuing right-to-sue letters again. Continue Reading ›
. . . and an alternate universe without it. Continue Reading ›
An ambiguity in the agency's prior guidance has been clarified. Continue Reading ›
And, remember those wellness regulations? New ones are in progress. Continue Reading ›
A cautionary tale. Continue Reading ›
The EEOC clarifies its position on COVID-vulnerable employees. Continue Reading ›
We're back in business, baby! (Sorta.) Continue Reading ›
Breaking news. Continue Reading ›
National origin, race, age, pregnancy -- and coronavirus. Continue Reading ›
And my best guesses as to the answers. Continue Reading ›
UPDATED March 18, 2020. Continue Reading ›
Test your knowledge! Continue Reading ›
Welcome to the future. Continue Reading ›
Two courts have said yes, but one now says no. Continue Reading ›
HR people, you know what I'm talking about. Continue Reading ›
And you thought you had problems! Continue Reading ›
Take care of yourself! Continue Reading ›
"The Justice in the bow tie." Continue Reading ›
This is getting to be a trend. Continue Reading ›
How's your employment law history knowledge? Continue Reading ›
It's spring, and a young person's fancy turns to . . . Continue Reading ›
Buff employers, beware! Continue Reading ›
A fun way to while away your time until the weekend officially arrives. Continue Reading ›
A not unexpected development. Continue Reading ›
No exaggeration! Register now! Continue Reading ›
This case makes my head hurt. Continue Reading ›
A preview of coming attractions! Continue Reading ›
A new lawsuit filed by the EEOC is a good guide for employers on what not to do. Continue Reading ›
The court found in favor of the plaintiff, holder of a medical marijuana card. Continue Reading ›
What better way to start the Labor Day weekend than with a drug test? Continue Reading ›
And the ex-employee gets a jury trial. Continue Reading ›
Pow! Pow! Pow! Continue Reading ›
Here is a judge an employer can love. Continue Reading ›
Here are seven things that every employer should know. Continue Reading ›
It's all pretty good news for employers. Continue Reading ›
Here are 10 questions to help you think it through. Continue Reading ›
I do not think "associational discrimination" means what you think it means. Continue Reading ›
You snooze, you lose, the court said. (In so many words.) Continue Reading ›
And did it with such grace! After all, she is Miss Manners. Continue Reading ›
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. Continue Reading ›
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well as the employment provisions (Title I).
Here are four ADA (or ADA-related) areas that employers need to watch in the coming year: Continue Reading ›
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.
In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act. Continue Reading ›
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
