The Americans with Disabilities Act’s definition of “disability” expressly excludes “gender identity disorders not resulting from physical impairments.” Based on this exclusion, courts historically have held that an employee is not entitled to the protections of the ADA based on status as a transgender person. Recently, in Williams v. Kincaid, the U.S. Court of Appeals …read more »
Five Reminders for Employers (Re)Considering COVID-19 Vaccine Mandates
Since the onset of the COVID-19 pandemic, I’ve spent substantial time discussing workplace vaccine mandates with employers. Even before vaccines were available, employers were interested in mandates as a tool to ensure safe working conditions. But even as recently as a month ago, many employers outside of healthcare settings continued to feel uncomfortable about the …read more »
“But We Can’t Do That” — Documenting Undue Hardship Can Help Protect Employers Against ADA Claims
When a disabled employee requests an ADA accommodation, employers should have an interactive discussion to determine what accommodations might work. And a big part of that discussion is asking the employee to suggest possible accommodations. But if an employee suggests an accommodation that would cause the employer an “undue hardship,” the employer can reject that …read more »
Emotional Support Animals In The Workplace: Do Employers Really Have To Accommodate?
We’ve all read the recent news headlines about the emotional support peacock that was not allowed to board a United Airlines flight and the 300-pound emotional support pig that was rejected by US Airways. These stories are becoming more and more common and have led a number of employers to ask what their responsibilities are …read more »
What’s Expected of You When Your Employee is Expecting
The EEOC has ramped up enforcement against pregnancy discrimination, filing four lawsuits in March 2018 alone. These types of lawsuits can result in expensive consent decrees that also obligate the employer to policy changes and EEOC monitoring. Making sure that policies and practices mirror what the EEOC and courts expect of employers when it comes …read more »
Poorly Drafted or Outdated Job Descriptions May Make ADA Claims More Difficult to Defend
An effective written job description clearly, accurately, and completely identifies and describes an employee’s duties, functions, and responsibilities. When employers create job descriptions that are inaccurate or when they allow descriptions that were accurate at the time of drafting to become outdated, they create legal risk. This is because an employer’s obligation to provide reasonable …read more »