Absence Management & Reasonable Accommodation

Subscribe to Absence Management & Reasonable Accommodation

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 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

Seyfarth Synopsis: Please join attorneys from Seyfarth’s Labor & Employment group for part three of a micro-webinar series addressing important legal issues and considerations for health care employers across the Bay State.

This program will focus on the obligations health care employers owe to members of the public who seek access to their facilities under Title III of the…

Continue Reading Micro-Webinar Series — Hot Topics in Employment Law for Massachusetts Health Care Organizations: Part 3: ADA Title III / Public Accommodation

By Darien C. Harris, Dawn Reddy Solowey, and Lynn A. Kappelman

Seyfarth Synopsis: As of February 28, 2023, diverse coalitions – including a host of Republican Congressmen and 22 state Attorneys General – have filed nearly thirty amicus briefs urging the United States Supreme Court to seize the opportunity to overturn the decades-old de minimis standard to religious…

Continue Reading With SCOTUS Poised to Redefine Title VII’s Religious Accommodation Test, Republican Powerbrokers and Religious Coalitions Chime In

By Alex J. Reganata and Daniel B. Klein

Seyfarth synopsis: Husband and Wife worked for the same employer, and both took FMLA leave for periodic flare-ups of their respective serious health conditions. The outside FMLA administrator notified the employer that Husband and Wife had frequently taken overlapping periods of FMLA leave. Under the employer’s FMLA policy, providing false or misleading…

Continue Reading In Sickness And In Health: Seventh Circuit Clarifies Evidentiary Standard Required To  Discipline Employees For Abusing FMLA Leave

By Darien C. Harris and Dawn Reddy Solowey

Seyfarth Synopsis: Gerald Groff was a carrier for the United States Postal Service, but his religious beliefs prohibited him from working on Sundays in observation of the Sabbath.  USPS offered to find employees to cover Groff’s shifts, but on more than twenty Sundays no co-worker was available to swap with him.  When…

Continue Reading Will SCOTUS Stiffen Employers’ Obligation To Accommodate Employees’ Religious Beliefs, Overturning Decades-Old Precedent?

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 Michelle Shamouilian, Daniel I. Small, Courtney S. Stieber, and Robert S. Whitman

    Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason.  The bill would also ban employers from relying on data collected through electronic monitoring when discharging or disciplining…

    Continue Reading At-Will No More? New York City Bill Would Restrict Discharge of Employees

    By Saman Haque and Ellen E. McLaughlin

    Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the employee did not follow the Company’s “usual and customary” absence notice procedures as required by the Family …
    Continue Reading How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company