Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: accommodation

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”.  It’s about a crush, but the intro could be just as applicable to a new court decision. The lyrics start: “People are talkin’, talkin’ ’bout people, I hear them whisper,… Continue Reading

“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations” for an indefinite leave for a medical condition. The case ostensibly addresses the request for “indefinite leave” which I’ve previously talked about it in prior posts. But the case boils down… Continue Reading

Silence May Not Be Golden When It Comes to the ADA’s Interactive Process

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

My colleague Gary Starr sits next to my office and sometimes we bounce ideas off each other. One of the things we were talking about recently was a new case that discussed an employer’s obligations to enter into the interactive process.   This often comes up in ADA cases where the employee may need a reasonable accommodation…. Continue Reading

Revisiting Reasonable Accommodation Under the ADA — Being “Effective”

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

What does it really mean to provide a reasonable accommodation to an employee who has a disability? That’s a question I talk about a bunch with clients.  The employee may request one thing but the employer may think that another accommodation can accomplish close to the same thing, perhaps at a lower cost.  Who wins?… Continue Reading

Can You Still Have Dress Codes After Abercrombie Decision?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

I’m not a fan of click-bait, so if you clicked the headline just to know whether your company can still have a dress code policy after the Supreme Court’s decision in EEOC v. Abercrombie & Fitch, the answer is “yes”. But there’s an important caveat and for that, you’ll need to read on. The Court’s… Continue Reading

BREAKING – U.S. Supreme Court Holds That Motive, Not Knowledge, Is Critical in Disparate Treatment Cases

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Litigation

The long-awaited EEOC v. Abercrombie & Fitch case was released by the U.S. Supreme Court this morning, reversing the Tenth Circuit’s decision. You can download it here. For anyone following the case, the decision shouldn’t come as a big surprise.  I’ve talked about the case before here and here. The main holding of the case… Continue Reading

Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

Posted in Discrimination & Harassment, Highlight, Litigation

Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the first appeal back in 2012 too.  Amazingly, it dates to a termination decision way back… Continue Reading

Let’s Talk About Religion and the Workplace

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

As I hinted at the beginning of the year, I expected topics relating to religion to take front and center this year. And certainly, the events of the first few months have supported that. Today, I’ll be moderating a community forum at my firm, Shipman & Goodwin LLP, entitled “Gotta Have Faith? Religion in the… Continue Reading

What Connecticut Employers Need To Know About Young v. UPS

Posted in Discrimination & Harassment, Highlight, Litigation

Last week, the U.S. Supreme Court decided one of the most anticipated cases in the court’s docket this year — at least for employment lawyers — in Young v. UPS.  There’s been lots of bytes uploaded talking about the case from a federal level.  Much of it is straightforward — in the sense that everyone… Continue Reading

Cabbie’s Fear of Dogs Doesn’t Trump Requirement to Allow Service Dogs

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation

Back in 2012, I posted about a lawsuit filed by a cab driver who claimed he suffers from cynophobia (a fear of dogs), who was fired after he refused to pick up a blind customer with a service dog.  The cabbie claimed that his termination violated the Americans with Disabilities Act because he has a disability —… Continue Reading

Oh Lucy! Accommodations for Religious Beliefs and Disabilities Apply Different Standards

Posted in Uncategorized

Here’s a hypothetical: A observant Jewish worker who is a recent leg amputee comes to you seeking an “accommodation”.  She works on the candy wrapping line that requires constant supervision and is staffed by only one or two people typically.  She seeks to leave her shift 4 hours early on Fridays to observe the Jewish sabbath.  She also seeks to take frequent breaks to rest for her… Continue Reading

Peanut Allergies Can Be Disabilities But Analysis Must Run Deeper

Posted in CHRO & EEOC, Discrimination & Harassment

Earlier this week, ABC News reported on the story of a woman who had severe peanut allergies who alleged that she was denied a job at a hospital because of those allergies.  I appreciated ABC News reaching out to me for comment. The facts of the story are frankly a bit unclear, so as I… Continue Reading

Coping With Mental Disorders: An Employer’s Obligations

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

My colleague, Chris Engler, returns with another stellar post today tying in the news of the week.   Although you may have read a lot about Robin Williams this week, I encourage you to read one more.  As everyone knows by now, comedian and actor Robin Williams passed away on Monday after a long struggle with… Continue Reading

Accommodating Employees’ Religious Beliefs: A Primer on “Sincerely Held”

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Manager & HR Pro’s Resource Center

In the wake of the United States Supreme Court’s ruling in the Hobby Lobby case, holding that the Religious Freedom Restoration Act provides protection to closely held corporations to refuse, for religious reasons, to provide birth control methods and services to employees under the Affordable Care Act’s contraceptive mandate, the issue of accommodating an employee’s religious beliefs has… Continue Reading

The Employment Law Exemption for “Religious Corporations” You Never Knew About

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

Over the past month, after the Supreme Court’s Hobby Lobby decision, much has been made in the press about how it is unprecedented for the court to consider a company’s religious beliefs in making its decisions. The issue of taking into account a corporation’s religious belief in the workplace has been also catapulted to the center of… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

Wait, “Inflexible” Leave Policies Are Actually Okay? Sometimes.

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

So last month we talked about how an employer may, in some circumstances, need to give additional leave as an accommodation above and beyond the Family and Medical Leave Act.  Today, my colleague Clarisse Thomas shows how the law in this area really is still developing.  She highlights a new case that comes to a different… Continue Reading

Road Rules: Ruling Now Guides Telecommuting As Reasonable Accommodation Discussion

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Litigation

My colleague, Gabe Jiran predicted the future! Well, not exactly. But in a post earlier this month, he outlined some of the issues relating to whether telecommuting is a reasonable accommodation under the ADA. And now we have some court guidance on the subject.  The road to understanding an aspect of the “reasonable accommodation” is… Continue Reading

Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee?

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

You have a disabled employee out of leave for 180 days.  Your policy says that employees may be terminated after the end of 180 days. So, on day 181, can you fire the employee? Today, my colleague Christopher Parkin tackles that difficult question in a recent ADA case brought by the EEOC against a very big… Continue Reading

Quick Hits: Employee Leave Under ADA, Law Review Articles, CBA Annual Meeting, Nonprofits, Boeing & NLRB

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Labor Law & NLRB, Social Media

As we wrap up a week with, go figure, more rain, we’re starting to get deep into the important part of the year: The Yankees-Red Sox rivalry. In the meantime, here are a few odds and ends you might have missed or you might be interested in surrounding the world of employment law: Giving employee’s… Continue Reading

Marijuana is Decriminalized, But Employers Can Still Ban Workers From Using It

Posted in Human Resources (HR) Compliance, Legislative Developments

Last week, the General Assembly approved of reduced penalties for people caught with relatively small amounts of marijuana in their possession.  Notice the use in the title of the word “decriminalize”; that is a different term than “legalize”. This raises the obvious question: Can employers in Connecticut still regulate and ban employee usage of marijuana?… Continue Reading

Passover & Easter: A Time to Reflect on Religious Discrimination Issues

Posted in Human Resources (HR) Compliance

With Passover and Easter coming up this week, it seems timely to revisit the laws regarding religious discrimination and accommodation. Fortunately for you (and me), the Employment & Labor Insider just posted a terrific piece on the subject.  Among the issues that the post flagsis the common situation of an employer who tries to decide… Continue Reading

Curry v. Allan S. Goodman, Inc. Part III – Duty to Engage in “Interactive Process” Found in Connecticut Law

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

In prior posts here and here, I’ve discussed an important new Connecticut Supreme Court case released this week, Curry v. Allan S. Goodman, Inc. and the effect it has on providing disabled employees with "reasonable accommodation". However, the Supreme Court’s decision goes beyond that. The Court also find that state law imposes a duty on employers… Continue Reading