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Category Archives: Reasonable Accommodation

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Jury Okays Firing Transgender Employee for Negative Glassdoor Review

Posted in Discrimination, Equal Employment Opportunity Commission, Gender Identity, General Labor and Employment News and Updates, LGBTQ Employees, Reasonable Accommodation, Sexual Orientation Discrimination, Terminations
On October 29, 2018, a San Francisco federal jury unanimously found that a Silicon Valley tech company did not commit unlawful retaliation by firing a transgender employee who accused the company of discrimination in a two-star Glassdoor review. Adrian Scott Duane, a transgender man, alleged on the job review website that IXL Learning, Inc. (IXL),… Continue Reading

Don’t Be Spooked: New Jersey’s Paid Sick Leave Law Takes Effect on October 29, 2018

Posted in Employee Benefits, Employee Leave Management, Labor Relations, Paid Sick Leave, Reasonable Accommodation, Wage & Hour, Wellness Plans, Workplace Policies
Earlier this year, HR Legalist posted a blog entry about the New Jersey Earned Sick Leave Law.  This new law (full text available here) takes effect on October 29, 2018 and requires most private sector employers in New Jersey to provide paid sick leave to its New Jersey employees.  But don’t let this scare you.  We’ve… Continue Reading

Start Spreadin’ the News: NYC’s “Cooperative Dialogue” Requirement for Accommodations is Effective Today

Posted in Americans with Disabilities Act, Civil Rights, Discrimination, General Labor and Employment News and Updates, Harassment, Labor Relations, New York Law, Pregnancy Discrimination, Reasonable Accommodation, Religious Discrimination, Workplace Policies
A spate of new state and local regulations is making it tougher to be an employer in the City That Never Sleeps.  As previously covered by HR Legalist, new requirements for sexual harassment policies went into effect across New York State on October 9, 2018, and burdensome new requirements for harassment-related training will go into… Continue Reading

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