Practical HR Tips, News & Advice. Updated Daily.
The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]
In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner Kalpana Kotagal) and two Republicans (Commissioners Andrea Lucas and Keith Sonderling). In addition, the EEOC now has a confirmed general counsel for the first time since 2021. Employers […]
As employers have increasingly recognized the untapped potential of individuals with disabilities, the landscape of the modern workforce is being reshaped, resulting in many advancements in disability employment. Yet, even with the growth of remote work opportunities that has emerged in the past few years, some barriers to employment opportunities for qualified people with disabilities […]
A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term employee and financial advisor for PNC Investments, suffered from alcoholism. Some years after he began his employment, his alcoholism started to impact his attendance at […]
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform the essential functions of the job. A recent case decided by the 4th Circuit Court of Appeals (which has jurisdiction over North Carolina) […]
On July 25, 2023, an updated form from the Office of Federal Contract Compliance Programs (OFCCP) became required for all applicable federal contractors and subcontractors subject to Section 503 of the Rehabilitation Act. The new form lists additional disabilities, expands the possible responses, and provides more descriptive and inclusive language. It also clarifies that completing the form […]
The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy.
The rights of transgender persons have become a hot button issue not only in schools and sports but in the workplace as well. Recently, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Virginia, Maryland, North Carolina, South Carolina, and West Virginia) weighed in on whether a transgender woman, who suffered […]
A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers […]
Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]