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|EEOC has Defined "Ability to Interact with Others" as a Major Life Activity, Making Social Anxiety Disorder A Disability under the ADA|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 27, 2015, previously published on April 20, 2015An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No....
|U.S. Supreme Court Rules on Pregnancy Accommodation|
Elizabeth A. Olivier; Preti Flaherty Beliveau Pachios LLP;
April 27, 2015, previously published on March 27, 2015The Pregnancy Discrimination Act (PDA) specifies that the Title VII prohibition against sex discrimination applies to discrimination on the basis of pregnancy, childbirth and related medical conditions. It also says that employers must treat pregnant workers the same as other employees “not...
|New Jersey Supreme Court Adopts Employer Defense To Harassment Claims|
Ralph R. Smith; Capehart & Scatchard, P.A.;
April 27, 2015, previously published on February 25, 2015In one of the most highly anticipated decisions of the court’s term, the New Jersey Supreme Court recently gave employers what for years has been hoped to be an affirmative defense to harassment claims based upon the preventive measures adopted by employers to eradicate harassment in the...
|California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes|
David L. Cheng; Ford & Harrison LLP;
April 27, 2015, previously published on April 23, 2015Executive Summary: In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a condition for payment of sick leave arguably can...
|TOP TIP: Risk of Litigation Does Not End With Severance Agreement|
Shawe Rosenthal LLP;
April 27, 2015, previously published on March 31, 2015Contrary to popular assumption, a signed severance agreement does not mean that an employee can never pursue claims in connection with a termination.
|NLRB General Counsel Issues Memo on Handbook Rules|
Shawe Rosenthal LLP;
April 27, 2015, previously published on March 31, 2015The General Counsel of the National Labor Relations Board, Richard Griffin, published a report on recent case developments in the area of handbook rules, thereby providing guidance to employers on what the Board considers to be lawful under the National Labor Relations Act.
|EEOC Issues Important Proposed Rule Governing Employer Wellness Programs|
Edward S. Schenk III; Williams Mullen;
April 27, 2015, previously published on April 22, 2015On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule further addressing increasingly popular employer “wellness programs.” These programs generally incentivize employees to make healthier lifestyle choices by participating in nutrition and...
|U.S. Supreme Court To Decide Two Important Employment Discrimination Cases|
Alan M. Rauss; Kohrman Jackson & Krantz PLL;
April 27, 2015There are two important cases addressing discrimination in employment that will be decided by the United States Supreme Court during its current term. They are Young vs. United Parcel Service, and EEOC vs. Abercrombie & Fitch Stores.
|Employed in Name Only - An Employer’s Duty to Provide Work|
Matthew Turzansky; Field Law;
April 27, 2015, previously published on March 9, 2015Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The Plaintiff resigned and commenced an action for constructive dismissal...
|Recent Developments Illustrate the Need to Regularly Review Employee Handbooks|
Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
April 24, 2015, previously published on March 2015A recent report from the General Counsel of National Labor Relations Board (“NLRB”) as well as decisions from the New Jersey Appellate Division and the United States Supreme Court illustrate why employers - both unionized and union-free - should review their employee handbooks and...