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No Adverse Employment Action, No Failure-to-Accommodate Claim, Tenth Circuit Rules

Jackson Lewis P.C. • November 19, 2018
The Americans with Disabilities Act (“ADA”) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone—absent an adverse employment action—enough to establish an ADA failure-to-accommodate claim? For example, if an employer fails to accommodate a wheelchair-bound employee by refusing to move her office a few feet closer to the entrance, has the employer violated the ADA? In this scenario, assuming the facts show that traveling the extra distance is just a mere inconvenience, the answer likely depends on whether an adverse employment action is a required element of a failure-to-accommodate claim.

PODCAST: Untangling Complex Leave Issues – Part I

Ogletree Deakins • November 19, 2018
In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the two laws and best practices for effectively managing leaves of absence in complicated situations.

Family Businesses Could Have Employment Law Advantages

Brody and Associates, LLC • November 19, 2018
Family businesses make up the fabric of America. From an employment-law perspective, family businesses often face unique issues because of the family dynamic. For instance, upper management is totally Hispanic because it is a family owned operation. Is this a defense to certain discrimination claims? The answer is yes. Being a family business can be good for an employment-law defense.

New York City Will Require Employers to Provide Greater Workplace Accommodations for Lactating Employees

Littler Mendelson, P.C. • November 19, 2018
On November 17, 2018, Sections 8-102 and 8-107(22) of the New York City Administrative Code were amended to require employers in New York City with four1 or more employees to (1) provide designated lactation room(s) for employees and (2) implement a lactation room accommodation policy. New York City law already prohibited discrimination based on pregnancy, childbirth, and related medical conditions and obligated employers to provide reasonable accommodations to nursing employees and to display a poster to alert employees about their rights to express milk in the workplace.2 The new amendments—which will take effect on March 18, 2019—expand on these requirements, as well as on the 2007 New York State Nursing Mothers Rights at Work Law.3

2019 is Coming: California Employers Need to Brace Themselves for the Flurry of New Laws Set to Take Effect January 1, 2019

Goldberg Segalla LLP • November 19, 2018
California Governor Jerry Brown recently signed a slew of employment-related bills into law, many of which will take effect on January 1, 2019. These laws will have an immediate impact on the workplace and will require employers in the Golden State to revamp existing practices and procedures.

Have you HIRD? Massachusetts Employers Must File a Health Insurance Disclosure Form by November 30th

Littler Mendelson, P.C. • November 19, 2018
New guidance issued by the Massachusetts Department of Revenue requires Massachusetts employers with six or more employees to file an annual health insurance responsibility disclosure (HIRD) form. The form became available on November 1, and must be submitted by November 30 of this year and each year subsequent.
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