Any woman who returns to work after a pregnancy understands how challenging it can be. For mothers who choose to breastfeed, returning to work presents an additional layer of complexity. Figuring out how, when and where to express breast milk requires the cooperation of the employer, who all too often…
Articles Posted in Reasonable Accommodation
What Laws Govern Pregnancy Leave for New Jersey Employees?
There are various laws that protect pregnant women from workplace discrimination and that provide for pregnancy related leave from work. In fact, there are both federal and state laws that provide New Jersey employees the right to take pregnancy leave to give and recovery from giving birth. Each of these laws…
Court of Appeals Allows Disabled Employee To Pursue ADA Wrongful Termination Claims
The United States Court of Appeals Third Circuit has reversed a district court’s dismissal of a disability discrimination lawsuit brought by a registered nurse against her former employer. In the lawsuit captioned Aleka Ruggiero v. Mount Nittany Medical Center, the registered nurse claims that she was unlawfully terminated from her…
Court Affirms Arbitrator’s Award Upholding Termination of Veteran Teacher for Shoplifting
An arbitration award supporting the termination of a Woodbridge teacher for repeated shoplifting has been affirmed by the New Jersey Superior Court and Appellate Division. In this case, Michele Schwab v. Woodbridge Township School District Board of Education, the terminated teacher argued that her shoplifting incidents were caused by a mental…
USTA Changes Pregnancy Accommodation Policy
The United States has been slowly progressing towards equity when it comes to employment policies that outlaw gender, disability, and other types of discrimination. Despite this advancement, there are a few areas that have shown reluctance to moving forward. One such industry is that of professional sports. As a result…
Holmdel Graduate Denied Accommodation at High School Graduation Ceremony
As reported by Asbury Park Press, a Holmdel High School student is claiming that school officials prohibited her from coming on to the stage to receive her high school diploma during last week’s graduation ceremony. The incident has sparked outrage from some in the community concerning the school’s lack of…
Court of Appeals Rejects Walmart Appeal Seeking to Overturn Disability Retaliation Verdict
The United States Court of Appeals for the 3rd Circuit has affirmed a New Jersey District Court’s decision denying post-trial motion for judgment by Walmart after the jury entered a verdict against them in favor of a former employer. The former employee, Barry Boles, claimed that he was unlawfully terminated…
COURT FINDS EMPLOYER’S ALCOHOL POLICY IMPOSED ONLY ON RECOVERING ALCOHOLICS IN VIOLATION OF THE NEW JERSEY LAW AGAINST DISCRIMINATION
The New Jersey Appellate Division decided that a company’s mandatory program and policy implemented only against employees suffering from alcoholism is a violation of the New Jersey Law Against Discrimination. In A.D.P. v. ExxonMobil Research Company, ExxonMobil Research and Engineering Company (Exxon) forced employees identified as recovering alcoholics to sign…
Is Houston Rockets’ Royce White’s Request For His Own Doctor to Have Final Say As to Whether He Can Play a Reasonable Accommodation under the Americans with Disabilities Act?
HBO Real Sports aired a story last night about Houston Rockets rookie Royce White and his ongoing battle for the Houston Rockets to provide him his requested reasonable accommodations under the Americans with Disabilities Act. White suffers from mental health disabilities, including Generalized Anxiety Disorder and has not been able…
SUMMARY JUDGMENT DENIED WHERE GENUINE ISSUES OF MATERIAL FACT EXIST AS TO WHETHER EMPLOYEE WAS FIRED FOR POOR PERFORMANCE OR IN VIOLATION OF FMLA PROTECTED RIGHTS
The United States Court of Appeals for the Seventh Circuit reversed a District Court’s grant of summary judgment in an action alleging TIN Inc. (“TIN”) violated the Family Medical Leave Act (“FMLA”) by interfering with an employee’s right to take leave and retaliating against that employee. The Seventh Circuit reversed…