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Showing posts with the label Undue Hardship

EEOC Sues Hatch Trick, Inc. for Religious Discrimination

Federal lawsuit says Chick-fil-A franchisee denied employee’s request to observe Sabbath on Saturdays, then fired her AUSTIN, Texas — Hatch Trick, Inc., a Chick-fil-A franchisee operating multiple locations in Austin, violated federal law by refusing to reasonably accommodate an employee’s request to refrain from working on Saturdays in observance of her Sabbath day and instead fired her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. According to the EEOC’s lawsuit, the employee, who managed Hatch Trick’s delivery drivers at one of its Austin locations, is a member of the United Church of God denomination, which observes a Saturday Sabbath. In adherence to her religious faith and practice, she requested no scheduled hours on Saturdays, and she disclosed the need during her job interview . Although Hatch Trick initially honored the employee’s request to refrain from Saturday work, after several months the company changed its position and ...

Allergy Season Is Here: Accommodating Seasonal Allergies Under the ADA

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Can an employee’s seasonal allergies qualify as a disability that the employer must reasonably accommodate under the Americans with Disabilities Act (ADA)? Short answer: It depends. 0:00 8:35 Quick Hits Seasonal allergies may qualify as a disability under the ADA when they substantially limit major life activities such as breathing or concentrating, and employers must engage in a good-faith interactive process whenever an employee raises allergy-related limitations. While mild seasonal allergies are unlikely to meet the ADA’s definition of disability, severe allergies may be covered, and the ADA requires that the determination be made without considering the ameliorative effects of medication. Employers may want to consider low-cost measures such as improved air filtration or schedule adjustments , and ensure frontline managers are trained to recognize and properly route such requests to maintain ADA compliance. When Do Seasonal Allergies Become a ‘Disability’? Spring is in the air in ...

DOJ Blesses ‘Situational Telework’ as Reasonable Religious Accommodation

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The U.S. Department of Justice (DOJ) has released an advisory  memorandum opinion  making clear that Title VII of the Civil Rights Act of 1964 may require the federal government to provide “situational telework” to its employees as a religious accommodation. This development is part of the Trump administration’s ongoing efforts to expand religious protections in the workplace . Although the memorandum opinion focuses on religious rights in the federal government workplace, private-sector employers also may wish to consider situational telework (or “telecommuting”) as a religious accommodation. Quick Hits Existing guidance on religion in the federal workplace largely remains intact, but federal employers now face a higher standard to demonstrate undue hardship when denying requests for religious accommodation. Situational telework can be a reasonable religious accommodation, but it is not an automatic entitlement, the DOJ stated in a recent memorandum opinion prepared for EEOC ...

Case-by-Case Approach Helps Financial Services Successfully Navigate Disability-Related Remote Work Requests

Takeaways Employee requests to work from home have become increasingly common, often as a form of reasonable accommodation under the ADA. For employers in the financial services industry, these requests can raise complex questions about security, compliance and the essential functions of a role. Employers can meet multiple objectives by applying a structured, case-by-case approach to work-from-home requests. Article In the post-pandemic workplace, employee requests to work from home have become increasingly common — especially as a form of reasonable accommodation under the Americans with Disabilities Act (ADA) . For employers in the financial services industry, these requests can raise complex questions about security, compliance, and the essential functions of a role. But one thing is clear: a knee-jerk “no” is not the right answer. When an employee requests to work from home due to a disability, the law requires employers to engage in a timely interactive process discussion with the...