EEOC Says Work-from-Home Not Guaranteed as Post-Pandemic Reasonable Accommodation

Mark Blondman

During the pandemic, many employers have permitted employees to work remotely/telework in an effort to slow the spread of COVID-19. As the incidence of the virus has subsided in certain geographic areas, employers have begun to reopen their worksites and have required employees to return to their physical place of work. In doing so, these employers have been met with requests from certain employees that they be permitted to continue working remotely, leading to the question of whether the employer is required to grant such a request. In Technical Assistance Questions and Answers issued on September 8, the U.S. Equal Employment Opportunity Commission (“EEOC”) answered the question with a qualified “NO.” Continue reading “EEOC Says Work-from-Home Not Guaranteed as Post-Pandemic Reasonable Accommodation”

Bereavement Leave and Employee Support Amid COVID-19

Emery Gullickson Richards

As employers seek to support employees losing loved ones to the coronavirus COVID-19, thoughtful consideration of workplace measures takes on critical significance. How employers support employees through the loss of a loved one has an indelible impact on the lives of employees, the work environment, and the organization’s integrity. Bereavement leave policies address the unprecedented circumstances created by the mounting, tragic toll of COVID-19, providing support to employees at the time when they need it most. Although bereavement leave policies are not legally required in most jurisdictions in the United States, most U.S. employers offer some amount of paid bereavement leave.[1]

Bereavement Leave Laws

Only a small number of jurisdictions have bereavement leave laws. For example, the Oregon Family Leave Act (“OFLA”) provides employees at certain employers[2] in the state with the right to take protected leave to make funeral arrangements, attend a funeral, or to grieve a family member who has passed away. This bereavement leave may last for a period of up to two weeks and must be completed within 60 days of the employee learning of the death of their loved one. Similarly, the Illinois Child Bereavement Leave Act provides employees[3] with bereavement leave rights in the event of the loss of a child, and an employee who loses more than one child within a year may take up to six weeks of bereavement leave. Other states, such as Massachusetts, have considered similar laws. Recently, a Massachusetts resident created an online petition urging legislators to take up the cause again amid the coronavirus pandemic, highlighting the increased focus on these policies today. Continue reading “Bereavement Leave and Employee Support Amid COVID-19”

Too Fat to Work Here?—Not So Fast

Scott F. Cooper

A decision this week from the Ninth Circuit Court of Appeals has further fueled the debate over whether obesity is a protected impairment under federal and state law.

In Casey Taylor et al. v. Burlington Northern Railroad Holdings Inc. et al., Case No. 16-35205 (9th Cir. Sept. 17, 2018), Burlington rejected Taylor’s application to become an electronic technician because his Body Mass Index (“BMI”) placed him in the “severely” or “morbidly” obese category. Complicating this case is that the company’s chief medical officer otherwise found Taylor qualified for the position. The company also was willing to reconsider the application if Taylor undertook additional pre-hire medical screening at his own expense. The Ninth Circuit earlier this year held that shifting pre-hire medical examination costs to an applicant is unlawful.

The Ninth Circuit certified the issue and sent it to the Supreme Court of Washington to determine its application under Washington state law. Pending that ruling, the Ninth Circuit will then resolve the issue under the federal Americans with Disabilities Act (“ADA”). How these decisions come out could have sweeping implications for employers who have acted against obese job applicants and employees. Continue reading “Too Fat to Work Here?—Not So Fast”