The EEOC has provided good news for workers who are at high-risk for COVID-19. High-risk employees are entitled to reasonable accommodations in the workplace during the COVID-19 pandemic! High-risk employees include any employees over 65 years of age. High-risk employees also include employees who have conditions the Center for Disease…
In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 575 U.S. ____ (2015), the United States Supreme Court delivered the straight-forward rule that employers “may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” In this case, Abercrombie refused to hire a young…
The best that can be said about Smith v. Clark County School District (9th Cir 2013) 727 F.3d 950, as well as all the case law examining whether what an employee said on his or her disability application bars a claim for disability discrimination/failure to accommodate, is: BE CAREFUL! Anything…