The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability. Whether an employer regards a job applicant as having a disability or learns about a record of a…
Yesterday, we discussed how an employee asserting a failure-to-accommodate claim under Title VII must establish that their request for a religious accommodation resulted in an adverse employment action. The same appellate court deciding that case also recently confirmed that the same maxim applies to failure-to-accommodate claims under the Americans with…
Title VII of the Civil Rights Act of 1964 creates a statutory obligation for covered employers to make reasonable accommodations for workers’ religious observances, short of incurring an undue hardship. At a minimum, aggrieved employees generally must establish three elements in a failure-to-accommodate lawsuit: the plaintiff-employee had a bona fide…
I’m neither a doctor nor a meteorologist but an employment lawyer. And, like the First Circuit Court of Appeals in this recent decision, I struggle with what the employer in Puerto Rico could have done differently to accommodate one of its workers. According to the opinion, the employee worked with…
Last week, the Supreme Court unanimously agreed that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. The next day, the…
Last week, the Supreme Court made it more difficult for employers to establish that an employee’s request for a religious accommodation under Title VII of the Civil Rights Act of 1964 creates an undue hardship. But there’s much more to Title VII than just religious accommodations. And the Supreme Court…
About 50 years ago, Congress tweaked Title VII, a federal law that makes it unlawful to discriminate against workers based on their religion. It clarified that employers must “reasonably accommodate. . . an employee’s or prospective employee’s religious observance or practice” unless the employer is “unable” to do so “without…
On August 7, 2018, a worker sent an email. The email stated, “I fear retaliation” and “my colleagues and I have been the victims of continuous harassment, both sexual and emotional.” On August 9, 2018, just two days later, the company fired her. How do you think that turned out?…
In 2016, a public employer sought a new Health Commissioner. They thought they had found the ideal candidate. Her resumé stated that she held a master’s degree in Public Health and had experience as a licensed sanitation. The candidate nailed the interview. Ultimately, the employer hired her for the Health…
Today, the Pregnant Workers Fairness Act takes effect. The Act requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations) to make reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that doing so would…