On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The unanimous Court held that, under Title VII, an employer is required to accommodate an employee’s religious beliefs unless doing so would result in substantial increased costs in relation to the conduct of its particular business.… Continue Reading
DOL Issues Guidance For Field Staff on PUMP Act Requirements
The United States Department of Labor (DOL) recently issued a Field Assistance Bulletin (found here) providing guidance to field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). We previously summarized the requirements of the PUMP Act in our alert here.
The Field Assistance Bulletin provides detailed guidance on the PUMP Act and includes information and examples as to what employers must do to comply with the new law.… Continue Reading
Fourth Circuit Holds That Website Tester Has Standing
The United States Court of Appeals for the Fourth Circuit ruled that a disabled Florida resident has standing to sue a Maryland hotel under the Americans with Disabilities Act (“ADA”), despite that Florida resident (the “plaintiff” ) never intending to stay at the hotel.
In Laufer v. Naranda Hotels, LLC,the plaintiff alleged that Naranda Hotels, LLC (“Naranda”) violated Title III of the ADA because a third-party hotel reservation website did not provide sufficient information regarding the accessibility of Naranda’s hotel rooms.… Continue Reading
Pregnant and Nursing Workers Benefit from Expanded Employment Protections
On December 29, 2022, as part of the Fiscal Year 2023 Omnibus Spending Bill, President Biden signed into law two pieces of legislation that will benefit pregnancy and nursing mothers – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). … Continue Reading
New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion Determinations
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (Act). This is the Commission’s first workplace guidance since the adoption of the Act in February, 2021, and is intended to serve as a placeholder until the Commission formulates and approves standards for Workplace Impairment Recognition Expert (WIRE) certifications. … Continue Reading
Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC
The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy Discrimination Act when it accommodated all workers injured on the job, but denied all pregnant women a similar accommodation.… Continue Reading
Unclear, Inconsistently Enforced Policy Supports Employee Discrimination Claim
In the recent decision in Hexcel Corp. v. Lab Commission, the Utah Court of Appeals affirmed a decision by the Utah Labor Commission that Hexcel was liable for discrimination and/or retaliation when it fired an employee because of his disability and related request for accommodation.
Michael Pickard had worked as a maintenance electrician.… Continue Reading
EEOC Releases Information On Caregiver Discrimination
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released several pieces of guidance aimed at addressing discrimination against caregivers, including:
- A technical assistance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law”;
- Updated COVID-19 guidance, entitled “What You Should Know,” which explains what may constitute discrimination against employees and job seekers with family caregiving responsibilities; and
- A short video explaining caregiver discrimination in both English and Spanish.
EEOC Supplements Guidance on Religious Objections to Workplace Vaccine Mandates
On Monday, as it has done periodically throughout the pandemic, the Equal Employment Opportunity Commission (“EEOC”) updated its now-lengthy technical assistance related to COVID-19. This new guidance comes as U.S. employers increasingly have abandoned encouraging or incentivizing vaccinations for their workforces in favor of vaccine mandates, in an effort to get their employees back to work on site (for those who have been working remotely) and in a determined effort to curb the spread of the disease among those who have been working throughout the pandemic or who are just returning to the workplace.… Continue Reading
EEOC Brings its First COVID-19 Disability Bias Lawsuit
On September 7, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit claiming an employer discriminated against disabled employees by failing to provide workplace accommodations related to COVID-19. Specifically, the EEOC has accused ISS Facility Services Inc. a Denmark-based facilities management company, of unlawfully denying its employee’s reasonable request for an accommodation for her disability under the Americans with Disabilities Act (“ADA”), and then firing her for making the request.… Continue Reading