This post was authored by Kristin D. Lindgren
Intro
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
The 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
Employers 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
This 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
Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are:
1. Over-reliance on the written job description
Job descriptions are critical in the disability interactive process
Retirement for disability can be an involved, complex, and confusing process. This is especially true where the employee at issue is a local safety member. Public agencies often ask for our counsel when an application for industrial disability retirement (IDR) is filed. In a new case, the California Court of Appeal for the First District
The U.S. Supreme Court is considering whether to hear the appeal of Peggy Young. She wants the Court to decide whether, and in what circumstances, the federal Pregnancy Discrimination Act of 1978 (“PDA”) requires an employer to provide work accommodations to pregnant employees. If the Supreme Court decides to take this case, it might possibly
This blog entry was authored by Hengameh S. Safaei
In a case of first impression, K.M. v. Tustin Unified School District, the Ninth Circuit held that a public school district’s compliance with its obligations to a deaf or hearing-impaired student under the Individuals with Disabilities Education Act (“IDEA”) does not necessarily establish compliance