Takeaway: This decision underscores the fact that the employer retains ultimate discretion in choosing among reasonable accommodations. Providing additional unpaid leave for necessary treatment in some circumstances should not be overlooked when... Read more »
The U.S. Equal Employment Opportunity Commission (EEOC) recently sued Walmart in federal court for terminating employees whose disabilities prevented them from passing an employment test. The lawsuit claims Walmart managers in Arkansas... Read more »
Takeaway: A legitimate nondiscriminatory reason for termination supported by a company investigation, often conducted while an employee is on administrative leave, can help an employer defend itself from discrimination and retaliation claims.... Read more »
Takeaway: The court concluded that it could not draw a bright line and determine when the Americans with Disabilities Act (ADA) required a commuting accommodation and when it did not. The 7th... Read more »
The U.S. Equal Employment Opportunity Commission (EEOC) has proposed new guidance for employers on how it enforces laws that prohibit workplace harassment. The proposed guidance, published on Oct. 2 in the Federal... Read more »
The federal government shutdown was averted Sept. 30 when President Joe Biden signed legislation to fund the federal government through Nov. 17—when the possibility of a shutdown might resurface. While federal workers... Read more »
New Jersey Gov. Philip Murphy recently signed Assembly Bill 4682, establishing various employment protections for specific “service employees” during changes of ownership. This law will take effect on Oct. 22. Under the... Read more »
Takeaway: An arbitrator must receive an employer’s payment of required arbitration fees within the statutory deadline, and the proverbial “check in the mail” does not constitute payment. A jewelry company in California... Read more »
Takeaway: An employer’s somewhat lenient application of disciplinary penalties can come back to haunt it if it imposes more-severe consequences in later cases. Even though the employer prevailed in this case, the... Read more »
Takeaway: Employers must ensure that employees with disabilities have access to information that is provided to other similarly situated employees without disabilities, regardless of whether they need it to perform their jobs.... Read more »
