Reasonable Accommodations

Do you have pregnant employees, employees returning from parental leave, or employees who have had a child or children in the last year? Recent updates to two laws may impact accommodations you provide pregnant and breastfeeding employees. Effective December 29, 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as The PUMP

First and foremost, happy holidays!

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v. St. Luke’s Health System, Inc., the Eighth Circuit addressed an

How far does an employer’s judgment about essential functions take you? In Larry Tate v. Thomas Dart, the Seventh Circuit examined an employee’s claim that his employer’s refusal to promote him because it could not accommodate his medical restrictions violated the Americans with Disabilities Act (ADA). Spoiler alert, the Seventh Circuit found in the

Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may not state claims under more than one statute but only

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a scientific term, not a legal one.

Although the Controlled Substances Act historically made no distinction between marijuana and hemp

Another Type of COVID Long Haul—Future Discrimination Suits?We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine? What kinds of medical questions can I ask my employees? Should employees still wear masks? How does COVID-19-related leave work? What do

Something to Talk About: Fifth Circuit Reminds Us to Engage in the Interactive ProcessThe United States Court of Appeals for the Fifth Circuit recently reiterated the importance of engaging in the interactive process with employees seeking disability accommodations. This case serves as a helpful reminder, especially in the post-COVID-19 work-from-home era, that engaging in meaningful, collaborative conversations with your employees who seek accommodations is best for everyone.

Background

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant EmployeesThere is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face potential civil liability.

New Obligations and Cause of Action

Under the act, which applies to employers with 15

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed ReemploymentHow long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and Reemployment Act (USERRA) says employers must reinstate an employee returning from military leave and if, as in

Consider the Circumstances: What to Expecting When You’re Expecting Employees to Return to Work and They RefuseAs states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you quickly pivoted to remote work to comply with stay-at-home orders, you are now reverse-engineering solutions to a new problem: