As they resume pre-pandemic operations, employers are understandably concerned about the safety of their employees and clients. As a result, many are implementing mandatory COVID-19 vaccination policies for their employees. According to the most rece…
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Over the past ten years, states and local governments have increasingly legalized the use of marijuana, depending on the reason. A majority of states and DC have legalized the use of marijuana for medicinal purposes while a growing minority of states…
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A Federal Court has ruled that an employee cannot sue under federal law for discrimination based on her pregnancy, because pregnancy alone isn’t a “disability” under the law. In Arozarena v. Carpenter Co., 2018 BL 184934, E.D. Pa., No. 5:17…
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In Bracey v. Lancaster Foods, LLC, No. RDB-17-1826, 2018 BL 112613 (D. Md. Mar. 30, 2018), the Maryland Federal Court reiterated the rule that statutory limitations periods may be shortened by agreement, so long as the limitations period is not unrea…
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In Townes v. Md. Dep’t of Juvenile Svcs., the plaintiff alleged that her employer, the Maryland Department of Juvenile Services, violated her rights under the Maryland Fair Employment Practices Act (“MFEPA”), by not providing a reas…
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Recently, in Morriss v. BNSF Ry. Co., U.S., No. 16-233, cert. denied Oct. 3, 2016, the U.S. Supreme Court declined to review a rejected job applicant’s claim that morbid obesity should be covered as an impairment under the Americans with Disabi…
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Employers and employees alike may suffer severe misunderstandings about employment discrimination law. The recent Supreme Court case of E.E.O.C. v. Abercrombie & Fitch Stores, Inc., 135 S. Ct. 2028, 2031, 192 L. Ed. 2d 35 (2015), pinpoints one su…
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The Americans with Disabilities Act (“ADA”), in a nutshell, prohibits employers from discriminating against individuals on the basis of a disability. 42 U.S.C. § 12112(a). Yet, this simple, well-intended proposition seems to create a countless n…
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As most of us know, the FMLA provides an employee with 12 weeks of leave during any 12 month period in which a “serious health condition” prevents the employee from performing the functions of his or her position. However, there are eligibility r…
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Time and time again an issue comes up as to whether or not a Federal Employee has provided adequate medical Documentation in conjunction with that employees request for reasonable accommodation. I regularly have employees tell me that they are not go…
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