In October, we launched a three-part blog series in honor of National Disability Awareness Month (NDEAM) focusing on items employers should consider as they reviewed policies and practices related to leave of absence and disability programs. In part I, we discussed managing leave of absence requests. Part II focused on employer disability plans. In this … Continued
What Employers Should know About COVID-19 Immunization Mandates and Challenges, and How to Navigate Employee Requests Regarding Vaccination COVID-19 has become an ongoing challenge for employers seeking to manage a productive workforce while setting policies that keep workers safe. The availability of effective vaccines in the US provided some relief and protection for employees’ health … Continued
New Mexico’s recently enacted HB 25, known as the Pregnant Worker Accommodation Act, amends the New Mexico Human Rights Act to explicitly prohibit discrimination against workers because of pregnancy, childbirth, or a condition related to pregnancy or childbirth. The law goes into effect on May 20, 2020, which is 90 days after the state legislature … Continued
It may come as a surprise to some employers that an employee with a medical condition that poses a risk in the workplace may be entitled to a reasonable accommodation, even if that job is a safety-sensitive position. That was the outcome in the recent case of Allen v. Banks County, a matter heard in … Continued
Telecommuting – working from home – is an option more and more workers are choosing as technology bridges the gap between home and office. Of course, not all roles lend themselves to telecommuting, and not all employers are amenable to it. When it comes to accommodations under the American with Disabilities Act, however, an employer … Continued
On January 1, 2015, the amendments to the Illinois Human Rights Act became effective, adding protections for pregnancy, including a requirement that employers provide reasonable accommodations, including leave, for pregnancy and childbirth (known as the Illinois Pregnancy Accommodation Law). On November 20, 2015, the Illinois Department of Human Rights issued regulations which – for the … Continued
Considering the evolving scenarios around an employee’s ADA and FMLA leave accommodation, employers must be mindful of several perspectives. What are the ten key do’s and don’ts that will inform processes?
By Kevin Curry, Reed Group Senior Vice President and National Practice Leader As I reviewed the results of the in-depth survey that Reed Group conducted with Spring Consulting Group on employer practices around the Americans with Disabilities Act, I kept finding reminders of a simple fact: the ADA is not easy for employers to interpret. … Continued
By: Lori Welty, Compliance Counsel and Marti Cardi, Chief Compliance Officer When an employee approaches your HR representative with a request for a disability-related accommodation, does HR only consider whether the request relates to the employee’s ability to do his or her job? According to the Court of Appeals for the 5th Circuit, this may … Continued
Marti Cardi, J.D., Chief Compliance Officer Megan G. Holstein, J.D., Senior Counsel On November 8, 2012, the EEOC achieved yet another multi-million dollar settlement in a lawsuit alleging systematic disability discrimination, specifically targeting an employer’s inflexible leave policy. Specifically, the employer’s policies required two things: first, any employee who took a leave of absence for … Continued
