On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment to Wal-Mart Stores East, L.P. (Walmart), who was accused by the Equal Employment Opportunity Commission (EEOC) of engaging in sex discrimination under the Pregnancy Discrimination Act and the Civil Rights Act of 1964 by offering temporary light duty to employees who were injured on the job, but denying a similar accommodation to pregnant employees. 
Continue Reading Excluding Pregnant Workers from Light Duty Did Not Violate the Pregnancy Discrimination Act, 7th Circuit Holds

n a previous post, we discussed the Second Circuit’s opinion finding that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations. The plaintiff requested that the Second Circuit rehear the case, arguing that it should consider additional evidence.
Continue Reading Second Circuit Denies Needlephobic Pharmacist’s Rehearing Request

The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists administer immunizations. The Court’s decision overturned a jury verdict of $2.6 million in the pharmacist’s favor and reminds employers what it takes to show that a given function is “essential” and what accommodations are reasonable.
Continue Reading Second Circuit Says Firing Disabled Worker Was Lawful

Twenty-three states and the District of Columbia have enacted laws which decriminalize the use of marijuana for medical purposes.
Continue Reading Anti-Discrimination Provisions in State Medical Marijuana Laws Raise Additional Considerations for Workplace Drug Testing

In Enforcement Guidance issued last week, the Equal Employment Opportunity Commission took the position that employers should accommodate the physical restrictions of women with normal, uncomplicated pregnancies as if those women had protected disabilities.
Continue Reading EEOC Issues Pregnancy Discrimination Guidelines Despite Pending High Court Case

With the Americans with Disabilities Amendments Act (“ADAAA”) and its expansion of the definition of “disability,” some would argue that the focus should no longer be on whether someone meets the definition of a “disability.” The presumption being that it is much easier now to prove someone is “disabled” under the law. The Fifth Circuit Court of Appeals has recently issued a ruling contracting this assumption.
Continue Reading Disability Still Matters in ADA Claims

On October 2, 2013, New York City Mayor Michael Bloomberg signed into law an amendment to the city’s Human Rights Law (“NYCHRL”), expanding the scope of the pregnancy discrimination protections provided under the law.  Although discrimination on the basis of an employee’s pregnancy has long been prohibited under the NYCHRL, as well as under state and federal law, the new amendment makes it unlawful for an employer to refuse to reasonably accommodate “the needs of an employee for her pregnancy, childbirth, or related medical conditions.” Continue Reading NYC Expands Human Rights Law to Require Employers to Reasonably Accommodate Pregnant Workers

On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations toward veterans and individuals with disabilities. These rules, issued under VEVRAA (Vietnam Era Veterans Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors.