Nevada domestic violence leave law takes effect January 1

December 11, 2017 0 COMMENTS

by Deanna L. Forbush

Nevada’s law requiring employers to provide victims of domestic violence time off, reasonable accommodations, and protection against discrimination and retaliation takes effect January 1.

Requirements, definitions

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Notice for Colorado’s new pregnancy accommodation law available

August 15, 2016 0 COMMENTS

by Besse H. McDonald

The Colorado Civil Rights Division has released a suggested notice for employers to post related to the state’s new pregnancy accommodation law. Under the law, Colorado employers must post a notice of employee rights as well as provide written notice to new hires at the start of employment and existing employees no later than December 8, 2016.

The new law, which went into effect on August 10, requires employers to provide reasonable accommodations to applicants and employees for health conditions related to pregnancy or physical recovery from childbirth unless doing so would impose an undue hardship on the employer. The new law’s requirements also include an obligation to engage in the interactive process to identify reasonable accommodations.

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Colorado’s pregnancy accommodation law takes effect August 10

August 02, 2016 0 COMMENTS

by Micah Dawson

Colorado’s new law requiring employers to engage in an interactive process to assess potential reasonable accommodations for applicants and employees with conditions related to pregnancy and childbirth will go into effect on August 10.

The new law, House Bill 16-1438, stipulates that employers must engage in the interactive process, provide reasonable accommodations for eligible individuals, prohibit retaliation against employees and applicants who request or use a pregnancy-related accommodation, and provide notice of employees’ rights under the law.

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Maryland law on accommodations for pregnant workers takes effect October 1

September 12, 2013 0 COMMENTS

by Kevin C. McCormick

Maryland’s Reasonable Accommodations for Pregnant Workers Act goes into effect October 1, meaning Maryland employers with 15 or more employees must provide reasonable accommodations to employees who experience a disability because of a pregnancy.

Basically, the new law requires employers to treat pregnancies in much the same way disabilities covered by the Americans with Disabilities Act (ADA) are handled. Accommodations are required unless they would impose an undue hardship on the employer.

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Maine Tightens Up Law on Service Animals

September 20, 2011 2 COMMENTS

Until recently, Americans with Disabilities Act (ADA) regulations were quite broad in their definition of “service animal,” but that changed earlier this year. Now Maine, which had kept the definition loose in state law, also is tightening up on what constitutes a service animal.

Employers must provide reasonable accommodations not only for employees with disabilities but also for customers with disabilities. Employers that operate retail stores, banks, service centers, and other locations open to the public are probably places of public accommodation under the law.

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Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

September 30, 2009 0 COMMENTS

by Burton J. Fishman

Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has been promised by the Obama administration across the civil rights/employment discrimination front; this appears to be a product of that new policy.

At the root of the EEOC’s allegations was an “inflexible” workers’ compensation leave policy that had the effect of terminating employees rather than seeking and/or arriving at a reasonable accommodation that would yield a return to work. Although only one employee filed a charge, the EEOC claims that pretrial discovery revealed that hundreds of other employees who had taken workers’ comp leave were also terminated without regard for a return to work or an extended leave under the Americans with Disabilities Act.

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