Tag Archives: reasonable accommodation

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

EEOC Shines Spotlight on Employers’ Dress Code Policies That Interfere With Religious Practices

Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies.  Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading

Employers’ Obligations Under Florida’s Medical Marijuana Laws Hazy

Florida Governor Rick Scott signed SB 1030 today.  This law now makes it legal for qualified patients in Florida to take low-THC cannabis in liquid form to treat certain seizure disorders, such as epilepsy and muscle spasms, and for cancer.  While SB 1030 will likely not have a huge impact on day-to-day operations in the … Continue Reading

Takeaway Lessons from One Employer’s Loss on FMLA Retaliation Claim

Ver la versión en español aquí The City of Hot Springs, Arkansas, found itself in hot water after not rehiring employee Wayne Jackson following his leave under the Family and Medical Leave Act (FMLA). Jackson had surgery and went on leave in January 2010. After using his 9 weeks of sick leave, he took 12 … Continue Reading

OFCCP Requires Benchmarks for Hiring Veterans and Individuals With Disabilities

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973.  These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading

Hand Scanning and Religious Discrimination

While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming.  The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading

Fifth Circuit Reverses Trial Court and Says Title VII Covers Lactating Moms

A little over a year ago we blogged about a Texas federal trial court ruling that Title VII did not cover lactation in the case EEOC v. Houston Funding II, Ltd..  Click here for link to post.  Now, the Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has reversed the trial court and … Continue Reading

Eleventh Circuit Rules on Breastfeeding Breaks Under the FLSA

On December 26, 2012, the Eleventh Circuit, which has jurisdiction over Florida, issued a decision in Miller v. Roche Surety and Casualty Co., Inc. The plaintiff, Danielle Miller, sued her former employer claiming that it violated the Fair Labor Standards Act (“FLSA ) by failing to give her a time and place to express breast … Continue Reading

Texas Court Says Title VII Does Not Cover Breastfeeding, but Employers Should Be Mindful of Florida Law and the FLSA Protecting Nursing Mothers

A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading

Federal Appellate Court Holds That FMLA Protects A Pre-Eligibility Request for Post-Eligibility Leave

The federal appellate court that covers Florida, the Eleventh Circuit, recently decided what lawyers call a case a first impression – a legal issue that has not been previously ruled on by the court.  The case is Pereda v. Brookdale Senior Living Communities, Inc., and the issue was whether an employee who is not yet … Continue Reading

Is Being “Gun Shy” About Providing a Urine Sample an ADA Disability?: EEOC Opinion Letter Illustrates the Breadth of the ADA Amendments

Ever have stage fright when having to urinate in a public toilet?  Can’t offer a sample for that employment-related drug test?  The Americans with Disabilities Act (ADA) may protect such a condition and require the employer to offer a reasonable accommodation.   The Equal Employment Opportunity Commission (EEOC or Commission) recently issued an Opinion Letter on … Continue Reading
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