News

It’s likely new return-to-work policies will face legal challenges, especially by disabled employees who have been using an accommodation like telework and performing their jobs well. Altering accommodations generally requires some change to performance or the underlying disability.

A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

Employers can’t refuse to hire someone because they have a disability or because the employer perceived the applicant to be disabled, per the provisions in the Americans with Disabilities Act. A blanket rule barring hiring an applicant who takes prescription medication for a medical condition violates the ADA. That’s true even if the medication is used to treat a condition that could pose a potential safety risk.

President Trump signed an executive order changing how marijuana is handled under the federal Controlled Substances Act. The drug has been reclassified to Schedule III, from its previous classification as a Schedule I drug, along with heroin and other drugs with high addiction and abuse potential and little or no established medical uses.

If you’re struggling with administering reasonable accommodations under the Pregnant Workers Fairness Act, help may be on the way. It looks like the EEOC may soon be revising the first set of regulations the agency approved during the Biden administration.

If you haven’t required supervisors to get HR involved in the approval process, you should. A supervisor’s informal accommodation can backfire otherwise, making it very hard to revoke the accommodation. That’s what happened in one recently filed lawsuit.

Here’s what you need to do before claiming that approving religious accommodations would create an undue burden.

A recent 11th Circuit decision highlights that offering reassignment instead of extending medical leave can be a reasonable accommodation under the ADA when the reassignment fits the employee’s restrictions and the circumstances. The court said the employer acted lawfully by offering another available position rather than more leave, which the employee declined.

At least three federal laws provide time off for employees during and following pregnancy—good news for new mothers, bad news for the confusion it causes employers. A recent case highlights how complicated it can become.

If an employee is on FMLA leave and receives reasonable accommodations, then undergoes another separate procedure before that 12 weeks ends, what are the employer’s obligations to hold that position or provide more accommodations?