The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers.
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New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees Posted on: January 26, 2023 In: Labor & Employment
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New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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Dept. of Ed. Office of Civil Rights Updates Case Processing Manual, Signaling Aggressive Posture Moving Forward Posted on: September 28, 2022 In: Labor & Employment
Earlier this summer, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM). The OCR often enforces civil rights laws and handles investigations of our nation’s schools. The CPM identifies the policies and procedures that the OCR relies on when investigating and resolving complaints. The revised CPM makes several notable changes and suggests that the OCR will take a more aggressive stance moving forward on complaints it receives.
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Four Tips for Accommodating Mental Health Diagnoses in the Workplace Posted on: September 08, 2022 In: Labor & Employment
Mental health has traditionally been stigmatized more than physical ailments or disabilities. However, in large part due to the COVID-19 pandemic, the stigma surrounding mental health is lessening and discussions around mental health in the workplace have become more commonplace. As such, employers are seeing an increase in mental health diagnosis disclosures and accommodation requests. Here, we share four tips for employers to keep in mind when an employee discloses a mental health diagnosis.
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Federal Appellate Court Extends ADA Employment, Public Accommodations, and Transportation Protections to Transgender People Posted on: August 30, 2022 In: Labor & Employment
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit – one of the nation’s historically conservative jurisdictions – became the first federal appellate court to extend Americans with Disabilities Act (ADA) protections to transgender people, declaring that gender dysphoria can qualify as a disability under the ADA, reviving a disability discrimination lawsuit brought by a transgender woman over a Virginia detention center’s decision to place her in men’s housing.
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Every Service Dog Gets Two Bites: Reasonable Access and Reasonable Accommodation Obligations Under the ADA Posted on: June 15, 2022 In: Labor & Employment
As American workers continue returning to the office and facilities across the country continue to reopen following pandemic-induced closures, service and support animals are becoming increasingly present in our workplaces. These animals, particularly dogs, help people with a range of disabilities, and their presence in the workplace presents employers and business owners with distinctly different obligations under Titles I and III of the Americans with Disabilities Act (ADA).
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When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End Posted on: April 22, 2021 In: Labor & Employment
One of the most vexing challenges employers face is how to handle employees who appear to be on an endless medical leave. Is an employer required to continue accommodating such a person, or does there come a point when enough is enough and the employer can lawfully terminate his or her employment? Unfortunately, the answer is not clear-cut. However, if they consider the following points, employers may be able to reduce the likelihood of a lawsuit.
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Three Key Takeaways from Recent Hotel Website ADA Litigation Posted on: March 26, 2021 In: Labor & Employment
Despite the COVID-19 pandemic and its chill on the hospitality industry, ADA-related digital lawsuits increased by approximately 23% in 2020. Many of these lawsuits are filed against hotels, but the hotels are fighting back, arguing that the detail provided is sufficient and in compliance with the ADA. In February 2021, two judges agreed with the defendants, dismissing three cases with prejudice. The court made three important holdings.
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Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale Posted on: February 22, 2021 In: Labor & Employment
As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.
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Fourth Circuit Clarifies Employers Not Required to Abandon “Disability Neutral” Competitive Hiring Systems to Reassign Disabled Employee Posted on: February 17, 2021 In: Labor & Employment
The Americans with Disabilities Act’s (ADA) reasonable accommodation duty often creates frustrating uncertainty for employers and employees. Reassignment, a term used in the ADA’s statutory language as an example of a potential reasonable accommodation, is fraught with uncertainty when evaluated by employers and employees as a potential accommodation. The Fourth Circuit recently addressed the reassignment dilemma in Ellege v. Lowe’s Home Centers, LLC.
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Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & Employment
As many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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Americans with Disabilities Act: A Checklist for Compliance Posted on: July 09, 2020 In: Labor & Employment
While employers are busy complying with the ever-changing landscape of regulations during a pandemic, “normal” employment issues, such as disability accommodations, remain as important as ever.
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