The U.S. Court of Appeals for the Eighth Circuit rejected a locomotive engineer’s “failure to accommodate claim” under the Americans with Disabilities Act, while also finding that providing an accommodation in the past does not necessarily render the accommodation reasonable….

​Fatigue is a growing problem affecting the workforce. Research estimates that 13% of workplace injuries can be attributed to fatigue, and 43% of Americans admit they may be too tired to function safely at work. Following are some steps employers…

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give…

In major news for employers in Pittsburgh, the City Council recently unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans…

Reassignment as an accommodation is an issue that has split the court circuits. Prior to looking at how courts are divided, let’s begin with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations…

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United States is…

On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending…

A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell…

A former employee with WellStar Health System failed to demonstrate to a federal appeals court that she was terminated from her job based on a disability instead of her admission that she reported to work impaired by prescription drugs. The…

Employers have heard all the excuses. My alarm didn’t go off. My car broke down. My babysitter didn’t show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness…