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Category Archives: Reasonable Accommodation

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Employer-Mandated Fingerprinting May be Religious Discrimination

Posted in Civil Rights, Discrimination, Reasonable Accommodation, Religious Discrimination, Retaliation, Terminations, Title VII of the Civil Rights Act, Workplace Policies
Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of Pennsylvania Judge Kim R. Gibson issued an Order declining to dismiss such a lawsuit at the initial, pleadings stage of litigation. The… Continue Reading

Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

Posted in Americans with Disabilities Act, Reasonable Accommodation, Terminations
On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its pharmacists to include immunization certification as an “essential duty and responsibility.”  Rite Aid altered the job description to… Continue Reading

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

Posted in Americans with Disabilities Act, Medical Marijuana, Reasonable Accommodation, Workplace Policies
For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana.  However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up for recreational purposes, but also individuals suffering from chronic diseases seeking a better way to… Continue Reading

WORKPLACE SCENTS AND SENSIBILITY

Posted in Americans with Disabilities Act, Reasonable Accommodation, Uncategorized
Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who suffer from asthma and allergies.  The fresh (almost) spring air reminds us here at HR Legalist that many… Continue Reading