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 Labor Day Weekend, y’all!
The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it could not require employers to report compensation data on the new EEO-1 Reports.
But the EEOC also scored a big ...
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.
The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...
Young v. UPS is ovah!
Law360 reported this morning that Peggy Young and United Parcel Service have settled their pregnancy discrimination/accommodation case that went to the Supreme Court, resulting in this decision from last March. The Supreme Court had found in Ms. Young's favor for the most part, but remanded the case so that the lower court could make findings applying the Supreme ...
Hey, EEOC, there's this newfangled technique known as "track changes." Look into it!
Last Thursday, the Equal Employment Opportunity Commission issued its amended guidance on pregnancy discrimination and accommodation in light of the U.S. Supreme Court decision in Young v. UPS, issued in March 2015. The EEOC's original guidance was issued in July 2014, but now the ...
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .
Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor that had been sued by the EEOC because ...
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 ...
Oddities, weirdness, and the strange and unusual from the world of employment law.
I thought only elephants had two-year pregnancies. As I've discussed here before, "pregnancy" for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may be receiving in ...
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 ...
Are you in retail, fashion, or marketing, and getting ready to reject a job candidate because he or she doesn't have the "look" you want?
You might want to look before you leap. Or before you have to go to trial in front of a California jury against the Equal Employment Opportunity Commission.
The apparel chain Abercrombie & Fitch is learning that the hard way.
Abercrombie was sued a while ago ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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