Reasonable accommodation

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From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing regulatory guidance concerning the use of such technologies. The latest of these responses includes a fact sheet issued by the U.S. Equal Employment Opportunity Commission (EEOC) titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet provides guidance on how employers can use wearable technologies while maintaining compliance with various federal employment laws. More broadly, the fact sheet signals growing concern over the use of employee-monitoring technologies. Continue Reading Wearable Technologies and Employment Risks – EEOC Issues New Guidance

The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers comply with the expanded requirements. On August 11, 2023, the EEOC also published a Proposed Rule to implement the PWFA, which outlines the agency’s interpretation of the PWFA, and includes specific examples of possible reasonable accommodations. Public comments concerning the Proposed Rule can be submitted until October 10, 2023.Continue Reading Pregnant Employees More Protected Than Ever as the PWFA Goes into Effect and the EEOC Releases Resources, Guidance, and Proposed Regulations

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with visual disabilities. The guidance addresses various topics including: (1) when an employer may ask a job applicant or employee questions about his or her vision impairment and how an employer should treat voluntary disclosures; (2) what types of reasonable accommodations applicants or employees with visual disabilities may need; (3) safety concerns about applicants and employees with visual disabilities; and (4) ensuring no employee is harassed because of a visual disability.Continue Reading EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

With ever-increasing employer health care costs, it’s not surprising that Workplace Wellness Programs are becoming more common and comprehensive. According to Fidelity Investment’s fifth annual wellness survey, 95% of companies plan to offer some kind of health improvement program for their employees, and plan to spend an average of $594 per employee on wellness-based incentives. In a bid to reduce health care costs, and protect employees and customers from illness, many employers have implemented coercive, or even mandatory Workplace Wellness Programs. When these programs make employee participation a term and condition of employment, employers must administer them with care or risk violating federal, state and/or local employment laws.
Continue Reading Promoting Wellness, Not Litigation

The Seventh Circuit recently held in Severson v. Heartland Woodcraft, Inc. that a long-term leave of absence, particularly one extending beyond the twelve weeks of leave guaranteed by the Family and Medical Leave Act (“FMLA”), does not warrant protection under the Americans with Disabilities Act (“ADA”).

Raymond Severson was terminated from his job as a fabricator at Heartland after he exhausted his 12-week medical leave under the FMLA and requested to remain off work for several additional months to recover from back surgery. Severson sued Heartland under the ADA, arguing Heartland failed to provide him with a reasonable accommodation—namely, a three-month leave of absence following the expiration of his FMLA leave.
Continue Reading Seventh Circuit Holds Long-Term Leave is Not a Reasonable Accommodation Under the ADA

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.
Continue Reading Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family