As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All California employers with at least 25 employees must be in compliance, effective July 1, 2017.
Continue Reading Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights
Reasonable Accommodation
Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family
In Luis Castro-Ramirez v. Dependable Highway Express, the California Court of Appeal held that California’s Fair Employment and Housing Act (“FEHA”) – which requires employers to reasonably accommodate employees with disabilities – now requires employers to reasonably accommodate employees who are associated with a disabled person. This is an unprecedented decision and will likely to be appealed. Until that time, employers should train supervisors to seek assistance from human resources when making accommodations decisions, and to treat any such decisions on a case-by-case basis.
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New Year, New Rules For Employers Doing Business in California
By Lisa Harris, Marlene Nicolas & Lindsay Holloman on
Posted in California Employment Legislation, California Legislative Update, Discrimination, E-verify, Educational Updates, Employee Benefits, Employment Authorization Verification, FEHA, Hiring, Discipline, Termination, Independent Contractors, Leaves of Absence, Reasonable Accommodation, Religion, Retaliation, Wage and Hour
This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors. This update highlights key provisions in some of the new laws taking effect January 1, 2016. Links to the statutes are provided.
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Second Circuit Holds: You Can’t Always Get What You Want – As Long As Your Employer Gives You What You Need (An Effective Accommodation)
By Sean Kirby & Nirav Bhatt on
On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York which granted the defendant-employer summary judgment on the plaintiff-employee’s claims under the Americans with Disabilities Act (“ADA”) and the New York State Human Rights Law (“NYSHRL”). Specifically, the Second Circuit held that: (i) the employer reasonably accommodated plaintiff by providing American Sign Language (“ASL”) interpreters capable of translating intranet files; and (ii) in light of this accommodation, plaintiff had no claim under the ADA or the NYSHRL that the employer failed to engage in the interactive process.
Continue Reading Second Circuit Holds: You Can’t Always Get What You Want – As Long As Your Employer Gives You What You Need (An Effective Accommodation)
An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued proposed regulations addressing how the Americans with Disabilities Act (“ADA”) applies to corporate wellness programs. These proposed regulations are intended to provide employers with guidance on how to encourage workers to participate in wellness programs without violating federal law. Employers with wellness programs, or those who are thinking about instituting wellness programs, should become familiar with the proposed regulations if they wish to avoid litigation.
Continue Reading An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?
Sixth Circuit Holds That Ford Motor Co. Was Not Required to Accommodate Telecommuting
On April 10, 2015, in an eagerly awaited decision interpreting the reasonable accommodation provisions of the Americans with Disabilities Act (“ADA”), the United States Court of Appeals for the Sixth Circuit ruled, en banc, in favor of Ford Motor Co., rejecting the EEOC’s claim that Ford violated the ADA by not allowing a disabled employee to telecommute as a reasonable accommodation. EEOC v. Ford Motor Co., No. 12-2484. Eight judges on the Sixth Circuit ruled in favor of Ford, while five dissented. The decision highlights many of the thorny issues concerning telecommuting as a potential reasonable accommodation under the ADA. It also underscores the importance of engaging in a good faith “interactive process” with a disabled employee requesting accommodation.
Continue Reading Sixth Circuit Holds That Ford Motor Co. Was Not Required to Accommodate Telecommuting
New Illinois Laws in 2015: What Employers Should Know
Ban the Box
Joining the current “Ban the Box” trend, effective January 1, 2015, the Job Opportunities for Qualified Applicants Act prohibits Illinois employers from asking job applicants about their criminal record or criminal history until after the employer determines that the individual is qualified for the position and notifies the individual that s/he has been selected for an interview. If an employer does not conduct interviews, then any inquiry into an applicant’s criminal background cannot take place until after the employer makes a conditional offer of employment.
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Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015
The District of Columbia recently joined twelve other states[1] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed on October 23, 2014 and is under Congressional review. It is currently expected to become effective on March 3, 2015.
Continue Reading Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015
New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job
By Lisa Lewis & Shira Forman on
The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s disability claims under the New York State Human Rights Law (“NYSHRL”). In doing so, the Court of Appeals emphasized the more stringent pleading requirements under the city law, as compared to the state law.
Continue Reading New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job
The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance
By Gregg Fisch on
On October 1, 2013, the San Francisco Board of Supervisors approved an ordinance that will give employees the right to request flexible work arrangements to assist with caregiver responsibilities. San Francisco employers will be required to consider and respond to all such requests in a formal manner.Continue Reading The Increasing Cost of Doing Business in San Francisco: Board of Supervisors Approves Family Friendly Workplace Ordinance