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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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Is Your Website Accessible? Number of ADA Title III Lawsuits on the Rise
As a society, we have become dependent on the internet for retail purposes. Companies from Amazon to Winn-Dixie sell their products on websites aimed at consumers and those websites are critical to revenue. Internet retail isn’t limited to Fortune 1000 … Continue reading
No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading
Posted in ADA, Discrimination, Snell & Wilmer
| Tagged ADAAA, Disability, Seventh Circuit
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Let’s Get Out of the Weeds: Understanding Arizona’s Medical Marijuana Laws
Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under Arizona’s medical marijuana law. Employers and their … Continue reading
Posted in Arizona, Discrimination
| Tagged Arizona Civil Rights Act, Arizona Drug Testing of Employees Act, Disability, discrimination, Medical Marijuana
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Q1 2019 Workplace Word – Out Now!
The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading
Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer
| Tagged ADAAA, Disability, Form I-9, Hiring and Firing, Hiring Process, ICE, Interactive Process, Interview, Reasonable Accommodation, Work Authorization, Work Visa
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100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities
The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
| Tagged Disability, Employees, Policy, Reasonable Accommodation
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In-House Counsel Tool Kit: Employment Law Update
A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading
Posted in ADA, Discrimination, FLSA, FMLA
| Tagged #metoo, ADAAA, Disability, FMLA, Sexual Harassment, Wage & Hour
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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution
If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading
Posted in ADA, Discrimination, Transgender
| Tagged ADAAA, Disability, Gender Dysphoria, Interactive Process, Pennsylvania, Reasonable Accommodation, Title VII, Transexual
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1 Reminder: Leave Can Be an ADA Reasonable Accommodation — Due in: Now
On February 1, the U.S. Equal Employment Opportunity Commission filed a lawsuit alleging that Tennessee-based West Meade Place LLP violated the Americans with Disability Act (“ADA”) when it denied an employee’s requested leave as a reasonable accommodation for her anxiety … Continue reading
Posted in ADA, EEOC, FMLA, Reasonable Accommodation
| Tagged Disability, Interactive Process, Litigation, Medical Leave, Protected Leave, Workplace Restrictions
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7th Circuit Deals a Blow to the EEOC’s Extended Leave as a Reasonable Accommodation Position
The EEOC’s position that extended leave may be a reasonable accommodation under the Americans with Disabilities Act (“ADA”) has long frustrated employers who are left without much guidance to determine what is “reasonable.” According to the EEOC, this could be … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
| Tagged Disability, Extended Leave, Medical Leave, Seventh Circuit
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