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Join Porter Wright’s Labor and Employment Group on Wednesday, May 13 as we share Fresh Ideas for Employers
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Freshly Picked: A Review of Recent Employment Law Updates Tracey L. Turnbull, Porter Wright
As you look to make sure your policies and practices reflect recent developments, you will not
On Wednesday of this week, the U.S. Supreme Court unanimously vacated and remanded a 7th Circuit decision that said courts could not review whether the Equal Employment Opportunity Commission (EEOC) satisfied its conciliation obligations under Title VII. Mach Mining LLC v. EEOC, No. 13-1019 (2015). The review the Court permitted, however, remains limited and
On April 16, 2015, the EEOC released its long-anticipated proposed rule on the extent to which the ADA permits employers to offer incentives to employees to promote participation in wellness programs that are employee health programs. For the most part, the rule reflects the EEOC’s efforts to make the ADA’s requirements consistent with the requirements
Almost a year ago, we wrote that a panel of the Sixth Circuit in EEOC v. Ford Motor Company, bucking the trend elsewhere, had held that an employer could be required to permit an employee to work from home as a reasonable accommodation for a disability. Last week, however, the entire Sixth Circuit, in an 8-5 decision, issued an opinion overturning the panel’s decision and finding that in-person attendance at the work site is generally an essential function of most jobs, particularly those that are interactive. The court recognized that advances in technology may mean that regular on-site attendance won’t be necessary for every job, but noted that the job of Jane Harris, on whose behalf the EEOC brought suit, as a resale buyer for Ford was not one that could be done from home.
Through the years, Ford had made numerous attempts to reasonably accommodate Ms. Harris, who suffered from irritable bowel syndrome, but none of these attempts, which included trials of telecommuting, were successful. Ultimately, Ms. Harris asked Ford to be permitted to work from home up to four days per week. The nature of her job, however, required teamwork, meetings with suppliers and stampers and on-site availability to participate in face-to-face interactions. These factors in the Court’s opinion all necessitated Ms. Harris to achieve regular and predictable on-site attendance. Accordingly, the Court upheld her termination from employment.
Continue Reading Sixth Circuit in EEOC v. Ford: Sometimes showing up really is an essential function of the job
In December, 2014, Jamie LaPlante wrote here about expanded obligations under the affirmative action laws that cover federal contractors and subcontractors. Among the changes she mentioned was the April 8th effective date for the inclusion of sexual orientation and gender identity among the classes protected under affirmative action laws. The expanded protections apply to
Yesterday, in a 6-3 decision, the U.S. Supreme Court clarified the Pregnancy Discrimination Act (PDA) and answered the question of how to apply the law to an employer’s policy that accommodates many, but not all, workers with non-pregnancy related issues.
Peggy Young was a part-time driver for United Parcel Service (UPS). After becoming pregnant, her
On Monday, February 23, 2015, the Department of Labor issued a new rule providing FMLA leave benefits to workers in legal, same-sex marriages, regardless of where the couple resides. Employees in same-sex marriages now have consistent federal family leave rights as those in opposite-sex marriages to take leave to care for a spouse with a
The Sixth Circuit Court of Appeals provides a common sense decision in Yeager v. FirstEnergy Generation Corporation, reminding employers they are not liable under Title VII when “accommodating an employee’s religious beliefs would require the employer to violate federal. . . law.”
Donald Yeager, a Fundamentalist Christian, disavowed and disclaimed his social security number
In last night’s State of the Union Address, President Obama reemphasized that employment and labor reform are at the forefront of his current agenda. He urged lawmakers to pass laws regarding the following:
As we have previously
The Office of Federal Contacts Compliance Programs (OFCCP) has been very busy changing the rules for federal contractors and subcontractors. There are 8 new developments from the second half of 2014 that all covered contractors should be aware of: