This post was authored by Sarah R. Lustig.

A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA).  John Barrie (Barrie) suffers from allergic sensitivities

This post was authored by Carla McCormack.

In December 2018, the Equal Employment Opportunity Commission (“EEOC”) removed Final Rules that permitted employers to offer incentives to encourage the disclosure of health information in connection with an employer wellness program.  This change is effective January 1, 2019.

An employer wellness program, generally offered through an

This post was authored by Jennifer Rosner.

In the employment context, the statutory schemes that require reasonable accommodation for disabilities are the California Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA).  The ADA defines a “service animal” as any dog (or in some cases, miniature horses) that are trained

La_city_hwysFans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.”  “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic.  One of the recurring jokes is that Californians

This post was authored by Kristin D. Lindgren

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Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws.  Even the most well-intentioned employers can run into trouble.  But, what happens when the employer has recommended discipline of an employee, and the employee informs the

Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses.  California is, unsurprisingly, a leader in religious diversity.  Many religious believers adhere to, and find deep meaning in, religious observances including

This post was authored by Matthew Nakano.

On July 11, 2017, Liebert Cassidy Whitmore’s Jennifer Rosner partnered with Department of Fair Employment and Housing (“DFEH”) Assistant Chief Counsel Paula Pearlman to present a seminar on “How to Avoid Claims of Disability Discrimination: The Road to Reasonable Accommodation.”  This seminar focused on navigating the challenges

EEOC SealThe EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees.  Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations.  In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and

Service DogEmployers navigate a morass of federal and state employment laws on a daily basis.  Some of the more vexing and confusing laws are those related to employees with disabilities.  Often it is difficult for employers to know whether an employee is disabled or what the disability could be.  Questions that frequently arise concern whether an

Businesswoman on Videoconference with BusinessmanThis was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company.  The issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability.  In a 2-1 split opinion, the