Pow! Pow! Pow!

Here is a judge an employer can love.

It's all pretty good news for employers.

I do not think "associational discrimination" means what you think it means.

You snooze, you lose, the court said. (In so many words.)

And did it with such grace! After all, she is Miss Manners.

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.

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:

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.

(You've been warned.)

As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules' "failings." Now that I've had a chance to read the decision, I ...