Tag Archives: reasonable accommodation

Vaccine Passports for the Workplace?

Ver la versión en español aquí Vaccine passports seem to be the hot button issue of the day.  Most of the media coverage and remarks from politicians have focused on businesses requiring customers, guests or students having proof of vaccination before returning to school or entering the business establishment.  But what about employers?  Can an … Continue Reading

ADA Remote Work as a Reasonable Accommodation – It’s Time to Dust Off Those Interactive Process Hats!

Ver la versión en español aquí Until recently, having a pre-existing medical condition bumped you to the front of the line for eligibility to receive a COVID-19 vaccine in Florida. But as of yesterday, April 5, all Floridians age 18 and older are now eligible to receive a vaccine. As a result, I suspect in … Continue Reading

The 2021 Florida Legislative Session – The Graveyard for Employment-Related Proposals?

Ver la versión en español aquí Each year Florida legislators meet for just 60 days to propose and pass new laws. The Legislature is now in session through the end of April 2021.  A number of employment-related bills have already been introduced – many are first proposed to lay the groundwork for possible passage years … Continue Reading

Is Sex Addiction Discrimination a Thing?

Ver la versión en español aquí The first time I heard the term “sex addiction” was in 2010, when Tiger Woods announced to the public that he would be stepping away from the PGA Tour to attend rehab. The announcement shook the sports world and sparked a conversation about an addiction that seemed to only … Continue Reading

POSTPONED: Annual Labor & Employment Law Seminars

Dear Clients and Friends, These words just came out of my mouth, “I have extra toilet paper I can trade for some rice.”  Yesterday, I wore gloves, a face mask and carried homemade alcohol wipes in order to go food shopping. How the world has changed in one month! So this will not come as … Continue Reading

Automation and the ADA

Ver la versión en español aquí With rapid automation there comes a tipping point for the need of humans in the workplace. Automation will become so pervasive that companies will need to cobble together remaining job duties into hybrid job positions to be performed by the remaining human employees. Is this the future? No, it’s … Continue Reading

Religious Discrimination: Gone Today, Hair Tomorrow

Ver la versión en español aquí As an update to this post from April, New York recently became the second state to prohibit race discrimination based on hair bias. The bill, signed into law on July 12: Prohibits race discrimination based on natural hair or hairstyles; defines “race” for certain specific purposes to include, but … Continue Reading

Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots

Ver la versión en español aquí I recently spoke at the SHRM 2018 Annual Conference & Exposition in Chicago. My topic was  “Health Issues are Nothing to Sneeze at: Chemical Sensitivities, Bed Bugs, Zika and Flu Shots.” SHRM had over 18,000 attendees. It was a great opportunity to discuss some of the legal issues employers face when … Continue Reading

Top Takeaways from Our Annual Tampa Labor & Employment Law Seminar

Ver la versión en español aquí Our first Annual Tampa Labor & Employment Law Seminar was a success, with more than 70 attendees! We anticipate growing the seminar in the coming years and will use your feedback to determine future topics and content. Thank you to all who attended. Congratulations to our blog contest winner! … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

Massachusetts: Medical Marijuana May Be “Reasonable Accommodation”—Still No Guidance in Florida

Ver la versión en español aquí On November 8, 2016, Florida voters approved the medical use of marijuana for individuals with certain debilitating medical conditions. The effective date was January 3, 2017.  However, to date, Florida has done nothing to address how employers are to treat employees who will be prescribed marijuana for their disabilities. One … Continue Reading

Clean Up On Aisle 6: Federal Judge Rules That Winn-Dixie’s Website Violates the ADA

Ver la versión en español aquí Is your organization a “public accommodation” under Title III of the Americans with Disabilities Act (ADA)?  Does your organization have a website?  If so, can that website be navigated with a keyboard (instead of a mouse) and with screen reader software?  Is the audio content on the website captioned? … Continue Reading

Why Kentucky Clerk Kim Davis Wasn’t Fired

Ver la versión en español aquí For the past several weeks, the country has been enthralled by the controversy surrounding Rowan County, Kentucky Clerk Kim Davis, who spent five days in jail after she refused to comply with a federal court’s directive to issue marriage licenses to same-sex couples. Davis, an Apostolic Christian, says that … Continue Reading

Horrible Bosses: Makes for a Great Movie, but Not a Disability

Ver la versión en español aquí In the movie Horrible Bosses, three friends conspire to murder their bosses when they realize they are standing in the way of their happiness. While most employees would not take it to that extreme (hopefully!), conflicts between employees and their superiors occur. Recently, in Higgins-Williams v. Sutter Medical Foundation, … Continue Reading

OMG! Your Policy Says What?

Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading

EXTRA! EXTRA! Read All About It! New FMLA Forms are Here!

Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act.  More good news: the new docs have a new expiration date – May 31, 2018.   The revised notices/forms include … Continue Reading

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading

The 24 Year Journey – Did Absence Make the Heart Grow Fonder?

Ver la versión en español aquí How’s this for news? A.K. Verma, an engineer for the Central Public Works Department (CPWD) in India, was recently fired after last showing up for work in December 1990. Verma left work sick one morning in 1990. He requested leave and then sought an extension of his initial leave. … Continue Reading

MEDICAL MARIJUANA SEMINAR: The Dope on Amendment 2’s Effect on Florida’s Workplaces

On November 4, Florida voters will go the polls to vote on a constitutional amendment that would legalize the use of medical marijuana. If the amendment passes, how will that impact Florida workplaces? Please join us for breakfast in our Miami office on November 10th. We will address important FAQs about how medical marijuana may affect … Continue Reading

BACK BY POPULAR DEMAND! “New Claim on the Horizon: Family Responsibilities Discrimination” Seminar

Ver la versión en español aquí As promised in a previous post, if you were unable to attend the annual seminar in May or attended but need a quick refresher, a few of our most popular sessions are back for encore presentations at our Miami office. Our first session, “New Claim on the Horizon: Family Responsibilities … Continue Reading

Bathroom Breaks & Decreased Productivity #HoldItIn2WinAPrize

Ver la versión en español aquí Employers have fairly wide discretion in terms of developing work rules designed to increase productivity and decrease time spent “slacking off.” But, if you believe the reports, one Chicago-based company may have gone too far. Apparently, WaterSaver Faucet Company has been experiencing a decrease in employee productivity. The perceived … Continue Reading

Religious Discrimination: The Balance Between Protecting Customer Relations and Making Employee Accommodations

Ver la versión en español aquí A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also … Continue Reading
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