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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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The latest cost of failing to accommodate employee’s religion: $13 million

The Supreme Court’s 2023 decision in Groff v. DeJoy made it much harder for employers to justify denying an employee’s request for religious accommodations. Since then, most refusal-to-vaccinate lawsuits have been settled in favor of employees.

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Watch out for dress codes that could trigger ADA lawsuits

Enforce your dress and grooming code too rigidly and you could find yourself on the losing end of a failure-to-accommodate lawsuit. Here’s a case showing that common medical problems may require employers to bend their dress-code rules to accommodate employee disabilities.

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Be prepared to offer non-traditional ADA accommodations

Some forms of ADA accommodation don’t directly affect essential job functions. Instead, they help employees manage their disabilities.

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Understand marijuana laws in every jurisdiction where you operate

Employers can require employees accused of violence at work to take a drug test. But what happens if the test reveals the presence of marijuana in the system of an employee whose use of medical marijuana is authorized by state law?

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Persistence pays off when accommodating disabilities

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

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Consider accommodation request as illness

An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.

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Your choice on diabetes accommodations: Pay little or nothing now or $150K later

Most disability accommodations don’t cost much at all to provide. Penalties for violating the ADA by not accommodating an employee’s health needs can be expensive indeed.

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Recognize legal peril of automatically rejecting requests for religious accommodation

Ever since the U.S. Supreme Court’s unanimous decision in Groff v. DeJoy, employees and their lawyers have been testing the limits on how far employers must go to accommodate religious beliefs and practices.

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State marijuana rules create employer confusion

A recent Florida state court decision makes it clear that in that state, workers can’t be fired for the off-duty use of medical marijuana if the usage is related to a disability and the employee isn’t impaired when working.

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Schedule cut to accommodate PUMP breaks? Not so fast

For an hourly worker, more frequent milk-expression breaks can be unpaid if she’s completely relieved of work duties during pumping time. But what about making scheduling changes that may cut pay? According to a newly filed lawsuit, that’s not an appropriate approach.

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