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:
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
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
Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.
As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy. In the nine months since President Biden took
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement
By Glenn J. Smith, Howard M. Wexler, Ephraim J. Pierre, and Bill S. Varade
Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New Jersey’s Law Against Discrimination (“LAD”).
Continue Reading No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals reaffirms employers’ right to require compliance with valid safety requirements. And it serves as a helpful reminder that
Continue Reading Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements
By Louisa J. Johnson and James J. Swartz, Jr.
Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate courts to consider the following: who is deemed a valid comparator to a pregnant
Continue Reading Eleventh Circuit Finds Comparator Evidence Requirement Less Stringent Under the Pregnancy Discrimination Act