Posts

New Jersey: After Hours Medical Marijuana May Have to be Accommodated

APPLIES TO

All Employers with NJ Employees

EFFECTIVE

March 10, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

A recent New Jersey Supreme Court case said that employers could face a disability discrimination claim if they fail to consider reasonable accommodations for medical marijuana use, even outside the workplace and after working hours.  Although the state’s Compassionate Use Medical Marijuana Act (CUMMA) does not require employers to accommodate marijuana use in the workplace, the court indicated that CUMMA does not protect an employer from actions that violate the New Jersey Law Against Discrimination (NJLAD) – such as discriminating against someone for using medical marijuana after hours.

Read more

Illinois: New Accommodations for Lactating Mothers

APPLIES TO

Employers with 5 or more IL Employees

EFFECTIVE

August 21, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Rauner recently signed HB 1595 revising employer requirements for accommodating lactating mothers. Specifically, employers must now provide “reasonable break time” each time an employee needs to expresses milk for up to one year after the child’s birth, unless doing so would create an “undue hardship” on the employer. Employers have the burden to prove an undue hardship based on the nature and cost of the accommodation, overall financial resources of the facility and employer, and type of operation of the employer. Further, the employee’s break time “may” run concurrently with break time already provided, but is not required to.

Nevada: Workplace Protections, New Notice Requirements for Pregnancy-Related Conditions

APPLIES TO

All Employers of 15+ NV Employees

EFFECTIVE

June 2, 2017 and October 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

SB 253, also known as the Nevada Pregnant Workers’ Fairness Act (the “Act”), provides broader workplace protections for workers affected by pregnancy-related conditions. Employers are now responsible for (1) providing accommodations for pregnancy-related conditions, and (2) informing female workers of their rights to such accommodations.

Puerto Rico: Right to Religious Freedom Accommodations

APPLIES TO

All Employers with PR Employees

EFFECTIVE

May 25, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Though the Labor Transformation and Flexibility Act (the “Act”) makes numerous changes to Puerto Rico employment laws, of note is the fact the Act provides employees a new, statutory right to request accommodations for the purpose of participating in religious activities.  Effective May 25, 2017, employers will be required to reasonably accommodate an employee’s religious practice.

California: DFEH Affirms “100% Healed” Policies Violate Employer’s Duty to Accommodate

APPLIES TO

All Employers with CA Employees

EFFECTIVE

February 14, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

California’s Department of Fair Employment and Housing (“DFEH”) recently obtained a $290,000 settlement and reinstatement with reasonable accommodation on behalf of a high school custodian who was fired after sustaining an injury.  This settlement reinforces DFEH’s position that blanket policies requiring employees to be “100% healed” before they return to work violate the employer’s duty to reasonably accommodate an employee disability.

California Employers Must Accommodate Non-Disabled Employees Who are Associated with Disabled Individuals

APPLIES TO

All Employers with California Employees

EFFECTIVE

April 4, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

A California Court of Appeals recently stated that employers are required to provide reasonable accommodations to individuals who are associated with a disabled individual.  In other words, reasonable accommodations must be provided not only to those who are themselves disabled, but the disabled individuals who are associated with applicants or employees.

New York City Releases Guidance on Pregnancy Accommodation Requirements

APPLIES TO

All New York City, NY Employers

EFFECTIVE

May 6, 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The New York City Commission on Human Rights (“Commission”) recently released a guide on how the pregnancy accommodations under the New York City Pregnant Workers Fairness Act will be enforced.  The guide outlines five categories of potential violations, summarized below:

New Guidance on California Employers’ Obligations to Transgender Employees

APPLIES TO

All California Employers

EFFECTIVE

February 2016

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.

Read more