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If an employee with a history of anxiety presents a list of requested actions for workplace grievances and labels it a “request for accommodation,” is it? How do you distinguish between gripes about the work environment and legitimate requests for accommodations under the ADA? In Kelly v. Town of Abingdon, 90 F.4th 158 (4th Cir.…
Read MoreHave you ever wondered whether some hip-hop music, with its misogynistic, sexually graphic lyrics and frequent use of the “n-word,” could form the basis of a harassment claim if played in the workplace? If so, you now have an answer. In Sharp v. Activewear, L.L.C., 69 F.4th 974 (9th Cir. 2023), the Ninth Circuit addressed…
Read MoreAs the calendar flips to January, many companies take the opportunity to review and fine tune their employee handbooks. Having reviewed (and litigated) countless handbooks over the years, I have come upon a number of provisions that generally create more problems than they purport to solve and should be avoided at all costs. Here are…
Read MoreEmployers recognize that they have a duty to reasonably accommodate employees with disabilities that substantially limit their ability to perform the essential functions of their job. But what about disabilities that limit their ability to get to work? Does the duty to accommodate extend to the commute? The Seventh Circuit recently tackled this issue and…
Read MoreThere was a time in the not too distant past when working from home was generally not a reasonable accommodation under the ADA. Mobley v. Allstate Ins. Co., 531 F.3d 539, 547-48 (7th Cir. 2008). In fact, the Seventh Circuit was quite emphatic in its position on this issue: “[A]n employer is not required to…
Read MoreIn a companion decision to its ruling on the OSHA vaccine mandate, the Supreme Court issued another stay – but this one on injunctions that had been issued enjoining regulations issued by the Secretary of Health and Human Services mandating that recipients of Medicare and Medicaid funding (e.g., hospitals, outpatient rehabilitation facilities, skilled nursing facilities,…
Read MoreIn a decision released this afternoon, the Supreme Court put a halt to the OSHA Emergency Temporary Standard that requires employers with 100 or more employees to implement a mandatory vaccine policy, under which employees must either be vaccinated for COVID or undergo weekly testing at their own expense, on their own time, or be…
Read MoreIn the on-again-off-again legal environment surrounding the OSHA vaccine mandate, on Friday, December 17, 2021 the Sixth Circuit Court of Appeals lifted the Fifth Circuit’s stay of OSHA vaccine mandate and reinstated the Emergency Temporary Standard (ETS). The ETS, which requires employers with 100 or more employees to implement and enforce a mandatory vaccine policy…
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