Published: October 4, 2018

According to a new amendment to New York City Human Rights Law (NYCHRL) that goes into effect Oct. 15, 2018, NYC employers must engage in cooperative dialogue and issue a written determination every time an employee requests a reasonable accommodation in the workplace.  

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Published: August 23, 2018

Last week, the Court of Appeals for the Eighth Circuit revived an employee's challenge that the employer failed to re-employ him when he returned from protected leave.  

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Published: September 28, 2017

​As employers throughout the country know, what constitutes a reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be a difficult and very fact-specific inquiry.  Frequently, employers are faced with the question of how long they are required to allow an employee to take a leave of absence for their own medical condition. Of course, the EEOC and many courts have taken the position that an individualized assessment must be made, a “bright line” rule of terminating an employee after a maximum amount of leave violates the ADA, and that long-term leaves

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Published: July 24, 2017

In an opinion issued July 19, the Second Circuit vacated a jury verdict in favor of the employer, ruling that the district court judge had instructed the jury to use an incorrect standard of proof under the Family and Medical Leave Act. Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318 (2d Cir. July 19, 2017). The correct causation standard, the Court held, was not whether the employer would not have fired her “but for” her exercise of rights under the FMLA.

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