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Peanut Allergies Can Be Disabilities But Analysis Must Run Deeper
Earlier this week, ABC News reported on the story of a woman who had severe peanut allergies who alleged that she was denied a job at a hospital because of those allergies. I appreciated ABC News...
View ArticleOh Lucy! Accommodations for Religious Beliefs and Disabilities Apply...
Here’s a hypothetical: A observant Jewish worker who is a recent leg amputee comes to you seeking an “accommodation”. She works on the candy wrapping line that requires constant supervision and is...
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A Thanksgiving to Remember: When Cancer Strikes
The moment when you learn your wife has cancer gets imprinted on your brain in a hurry. At least for me, it did. That happened back in February of this year. I haven’t talked about it on the blog yet...
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The “Association” Game: How a Spouse’s Cancer May be Covered by the ADA
Last week, we talked about an employer’s obligations when it comes to an employee who has cancer. But what about an employee’s spouse? Does the employer have any legal obligations there? Let’s start...
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Connecticut Court: Perceived Disability Claims May Proceed Under State Law
My colleague, Jarad Lucan, returns today with a post discussing a new Connecticut Supreme Court case that has expanded the state’s anti-discrimination laws when it comes to disability claims. When...
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Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential...
Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the...
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Revisiting Reasonable Accommodation Under the ADA — Being “Effective”
What does it really mean to provide a reasonable accommodation to an employee who has a disability? That’s a question I talk about a bunch with clients. The employee may request one thing but the...
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The Rights and Limitations of Associational Discrimination under the ADA
While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague...
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Silence May Not Be Golden When It Comes to the ADA’s Interactive Process
My colleague Gary Starr sits next to my office and sometimes we bounce ideas off each other. One of the things we were talking about recently was a new case that discussed an employer’s obligations to...
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Employer’s Defense Goes Up In Smoke
Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a...
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Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke
While the relaunch of the blog has been delayed a bit more (I swear it’s coming soon), it’s time to have another post in the interim. My colleague Gary Starr is back with an interesting decision from...
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“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court...
The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for “accommodations”...
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CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws
Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been...
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Two Weeks Until New Protections for Pregnant Employees Become Effective
For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October...
View ArticleWhen Attendance is Essential, Intermittent Extended Leave is Not Reasonable
The Connecticut Appellate Court has an interesting case coming out officially early next week about an employer’s obligations to provide leave as a “reasonable accommodation”. You can download...
View ArticleBREAKING: CHRO Issues New Enforcement Guidance on Pregnancy Discrimination
Late on Tuesday (April 23, 2019) the CHRO released new Legal Enforcement Guidance on “Pregnancy, Childbirth, or Related Conditions at Work”. Or you might call it a “Bluepaper” instead – as a...
View ArticleEmployment Law Checklist Project: The 11 Things You Should Know About...
The laws regarding the protections owed to pregnant employees got far broader a few years back. In fact, the statutory provision prohibiting discrimination against pregnant employees has eleven key...
View ArticleDo We Have to Allow Dogs in Our Workplace? Maybe. Maybe Not.
Recently, I saw a skiing dog. Oh, and it was wearing sunglasses too. To be fair (to the dog), it was actually tucked neatly in a backpack while the owner was in line for the chairlift. I didn’t...
View ArticleCourt: Settlement Discussions at CHRO Mediation Phase Not Admissible
The Connecticut Appellate Court issued a new decision (officially released today) that will have important ramifications for employers proceeding with the CHRO mandatory mediation stage. Specifically,...
View ArticleState Updates Mask and Face Covering Rule Narrowing Medical Exemption
Way back in April, the state first instituted a mandatory mask and face covering rule under Executive Order 7BB. On Friday, the state updated it in Executive Order 7NNN by requiring medical...
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