Accommodations

Reasonable Accommodations – Not Just for Essential Functions!
October 17, 2018
A recent case highlighted a important point under the Americans with Disabilities Act that is often overlooked – reasonable accommodations are not limited only to enabling employees with disabilities to perform the essential functions of their jobs! They must also be provided to allow those employees to enjoy privileges and benefits of employment equal to non-disabled employees!
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Illinois Requires Paid Break Time for Nursing Moms
August 30, 2018
Last Friday, August 21, 2018, Illinois governor Bruce Rauner signed a bill amending the Illinois Nursing Mothers in the Workplace Act (the “Act”) to provide paid break time to nursing mothers “as needed” to express milk during work hours. The new requirement took effect immediately, and applies to all Illinois employers with more than five employees.
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More Common Than You Might Think: Religious Accommodations for Ramadan
May 24, 2018
Many employers might not be familiar with Ramadan and might not have ever had an accommodation request relating to the religious holiday. However, there are around 3.3 million Muslims in the United States, many of whom are active in the country’s workforce.
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First Circuit OK’s Employer’s Decision to Grant Accommodation then Change Its Mind
May 11, 2018
We’ve all heard the discouraging mantra that “no good deed goes unpunished.”  And while it may be a “glass half empty” way of looking at things, the unpleasant truth is that, sometimes, people and businesses make decisions out of kindness or a sense of responsibility that they will come to regret.
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Do Employers Have to Pay for Short Rest Breaks?
April 30, 2018
Earlier this month, the U.S. Department of Labor (DOL) issued an opinion letter that clarifies that short breaks do not need to be compensated in all cases.
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The Holidays Are Upon Us: Can an Employer Ask Employees Who Request Time Off or Another Accommodation for Religious Reasons about their Religion?
December 6, 2017
During the holiday season, employers may be faced with a variety of religion-related requests.
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Don’t Get Too Excited That The 7th Circuit Says Extended Medical Leave Is Not An ADA Reasonable Accommodation
September 29, 2017
Sometimes at Blog Central we ask ourselves, “Is it exhausting being right all the time?”  We always answer in the same way: “YES, and actually, it is being ‘correct’ all the time, not ‘right.’”
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Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim
September 19, 2017
A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave.
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Fictional Mailbag & Dog Talk ~ A Guide Dog For A Visually Impaired Driver?
September 18, 2017
Today, The Bullard Edge is bringing a hat trick of popular features.  We are combining Dog Talk, our (fictional) mailbag, and our favorite cases remembered.
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Extraordinary Employee Excuses
August 31, 2017
I am often surprised (and highly amused) by the excuses offered by employees to justify their misconduct. And by the fact that they’re often willing to litigate over them! A recent example of this can be found in the case of Alamillo v. BNSF Railway Co.
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Nevada's New Domestic Violence Leave and Accommodation Laws
August 7, 2017
Senate Bill 361, passed by the Nevada Legislature and signed into law by Governor Sandoval, requires employers to provide leave and reasonable accommodations to employees who are victims of domestic violence or whose family or household members are victims of domestic violence.
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Does an Employer have to Transfer a Disabled Employee to an Alternate Position as Accommodation?
August 2, 2017
According to the First Circuit, which covers Massachusetts, an employer does not have to consider a transfer until the employee demonstrates that the position actually exists.
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