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Tag Archives: accommodation

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA.  The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim…. Continue Reading

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

Posted in Discrimination, Labor Law, New Legislation and Regulations, Wage & Hour

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle the case following the U.S. Supreme Court’s ruling. Below is a summary of the court proceedings. The case arose… Continue Reading

U.S. Supreme Court Issues Decision in Young v. UPS

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

The United State Supreme Court issued its much anticipated decision in the case of Young v. UPS on March 24, 2015.  As of now, Young’s pregnancy discrimination claim remains alive and well. Below is a summary of the court’s ruling: Factual and Procedural Background. Young was a part-time driver for UPS. When she became pregnant,… Continue Reading

Why Employers Should Think Twice Before Making Employees Play Hurt

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team.  Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he suffered permanent injuries after being forced to play in a game while he was ill.  Baucham’s lawsuit claimed that… Continue Reading

Vegan Religious Bias Claim Settles for Enough to Buy A Big Juicy Steak

Posted in Discrimination, Labor Law

When a workplace practice conflicts with an employee’s religious beliefs, the employer must consider whether a religious accommodation is available. This is the basic rule of Title VII of the Civil Rights Act. Many times, these issues arise in the form of scheduling conflicts when an employee’s religion compels worship on a particular day. Typical… Continue Reading

Upcoming Seminar: Pregnancy Leave, Accommodation and Discrimination – Don’t Wait for the Stork to Teach You What It All Means

Posted in Discrimination, FMLA and Other Leaves of Absence

Summary of Program Join the Employment Law Group of Weintraub Tobin for an informative and up-to-date discussion about the rights and obligations of pregnant employees. Program Highlights Pregnancy Disability Leave (PDL) PDL versus FMLA/CFRA Reasonably Accommodating Pregnant Employees Pregnancy Discrimination What are the Courts saying? Date:   September 12, 2013 Time:   9:30 a.m. – 11:30 a.m. Location:  Weintraub… Continue Reading

Which Way To Go On The Interactive Process?

Posted in Labor Law

By:   Brendan J. Begley A federal appellate court in the Midwest issued a decision this week that may provide a false sense of security to California employers regarding the extent of their obligation to accommodate disabled employees. See Basden v. Professional Transportation, Inc., Case No. 11-2880 (7th Cir. May 8, 2013).

Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

Posted in FMLA and Other Leaves of Absence

By:  James L. Brannen In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with… Continue Reading

Is Compliance with an Attendance Policy an Essential Function of the Job? The Ninth Circuit says “Yes!”

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

By: Chelcey E. Lieber Attendance at work seems like an obvious requirement to keep a job, right? The unfortunate answer often given by lawyers to that question is, “it depends.” In the employee-friendly state of California, permitting telecommuting or exemptions to an attendance policy may be a reasonable accommodation if a person has a disability…. Continue Reading