reasonable accommodation

By Kristina M. LauneyScott P. MalleryDavid Kim and Galen Sallomi 

Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid

Continue Reading Legislative Update: Nearing the End of the Road (for 2023)

By Karla Grossenbacher

Seyfarth Synopsis:  On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits businesses in Florida from discriminating in any way against a person based on vaccination status and from requiring face masks

Continue Reading Florida Governor Signs into Law Sweeping Bill that Prohibits Businesses from Discriminating Based on Vaccination Status or from Requiring Face Masks and COVID-19 Tests

By Linda C. Schoonmaker and Elizabeth L. Humphrey

Seyfarth Synopsis: Hospitals spend copious amounts of time developing hiring systems to ensure that the most-qualified applicants are selected for jobs in the healthcare field. The lives of millions of Americans depend on a hospital’s ability to provide access to knowledgeable healthcare providers, which ensures excellence in patient care. EEOC v. Methodist

Continue Reading Hospital’s Most-Qualified Applicant Policy Hangs in the Balance in Wake of EEOC Appeal of ADA Mandatory Reassignment Claim, Fifth Circuit Says

By Darien C. HarrisDawn Reddy Solowey, and Lynn A. Kappelman

Seyfarth Synopsis: A Third Circuit ruling against a former United States Postal Service employee’s Title VII religious discrimination claim is under review at the Supreme Court in Groff v. DeJoy. Petitioner’s brief urged the Court to overturn decades of precedent established by the seminal case, Trans

Continue Reading Arguments for SCOTUS to Preserve and Clarify Hardison now in Play as the U.S. Postal Service and its Amici Supporters Fire Back

By Janine E. Raduechel and Josh A. Rodine

Seyfarth Synopsis: A California Court of Appeal ruled that both the Fair Employment and Housing ACT (FEHA) and California’s Pregnancy Disability Leave law (PDL) require a plaintiff to prove that the plaintiff had a condition related to pregnancy and, with a reasonable accommodation, the plaintiff could have performed the essential functions of

Continue Reading California Appellate Court Clarifies Elements of Pregnancy Discrimination Claims

By Grayson Moronta, Brandon L. Dixon, and Robert T. Szyba

Seyfarth Synopsis: Minnesota becomes the latest of a growing number of states to enact CROWN Act legislation, which prohibits discrimination on the basis of hair textures and hairstyles. Its enactment expands Minnesota employers’ responsibilities under the state’s anti-discrimination laws and reminds employers nationwide to reevaluate their own

Continue Reading Minnesota Joins Growing List of States to Ban Race-Based Hair Discrimination, as New CROWN Act Becomes Law

By Michael C. Addy and Pamela Vartabedian

Seyfarth Synopsis:  On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service .  The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that the Americans with Disabilities Act (“ADA”) does not require employers to immediately tell employees of approved possible

Continue Reading “Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances

By Tracy Billows, Sara Fowler, Ala Salameh, Josh Seidman, and Meg Toth

What You Need To Know:

  • The legislation would provide eligible Illinois employees with up to 12 weeks of leave in a 24-month period, to be used for time
  • Continue Reading Illinois Contemplates Paid Family Leave Insurance Program

    By Elizabeth L. Humphrey and Jennifer L. Mora

    Seyfarth Synopsis: Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature passed a law requiring employers to attempt to make reasonable accommodations for its employees’ use of

    Continue Reading Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

    By Jennifer L. Mora

    Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
    Continue Reading Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users