Posts in Employer Policy

Showing 3 posts in Employer Policy.

Third Circuit Ruling Helps Clarify Reasonableness of Accommodations in Resolving Conflict Between Work Requirements and Employee Religious Beliefs or Practices

June 13, 2022 by Amanda Tzivas

It just got harder to get out of working on the Sabbath on the basis of religion. The United States Court of Appeals for the Third Circuit recently issued its opinion in Groff v. Dejoy, rejecting a mail carrier's repeated attempts to avoid working on Sundays due to his religious beliefs. The Court's opinion centered on the reasonableness of accommodations that would adjust an employee's work schedule for religious reasons and ultimately concluded that granting Groff's request for a blanket exemption from Sunday work would have placed an undue hardship on the United States Postal Service. More ›

| Email | Print | Topics: Employer Policy, Religious Accommodation, Third Circuit Court of Appeals, Title VII, Workplace Accommodation

The Fight for $15 and the NLRB

July 11, 2018 by Tom H. Luetkemeyer

In-N-Out Burger, Incorporated (In-N-Out) found itself on the wrong side of National Labor Relations Board (NLRB) unfair labor practice proceedings for prohibiting its employees from "wearing any type of pin or stickers" on their uniforms. The Fifth Circuit, in In-N-Out Burger, Incorporated v. National Labor Relations Board (No. 17-60241, decided July 6, 2018), upheld a NLRB finding that In-N-Out violated Section 8(a)1 of the National Labor Relations Act by prohibiting its employees from wearing a "Fight for $15" button and for maintaining an overly broad uniform policy. More ›

| Email | Print | Topics: Employer Policy, National Labor Relations Board (NLRB), Policy, Section 7, Section 7 of the National Labor Relations Act, Section 8

Trust the Process: Relying on Existing Law or Policy is not an ADA Defense Says Third Circuit

June 25, 2018 by Hinshaw & Culbertson LLP

Many times, employers evaluate disability claims by simply checking the boxes. It’s easy to develop tunnel vision, especially when the employer feels the issue is narrowly defined by an existing law or policy, e.g., a law or employer policy requiring that certain employees be vaccinated. However, this narrow frame of mind may cause employers to miss the complete picture. A recent 3rd Circuit Court of Appeals (DE, NJ, PA) decision illustrates the consequences of missing the big picture. In Ruggiero v. Mount Nittany Medical Center, the court addressed the interplay between a hospital’s vaccination policy and the ADA, holding held an employee’s ADA claim could proceed because the hospital failed to engage in the interactive process. The Court held the hospital had a duty to engage in the process once aware of her disability and request for accommodation, regardless of its policy requiring that all employees be vaccinated. More ›

| Email | Print | Topics: Accommodation, ADA, Americans with Disabilities Act, Disability, Disability and Medical Leave, Disability Discrimination, Employer Policy, Flu Shot, Interactive Process, Perceived Disability, Policy, Restrictions, Third Circuit Court of Appeals, Vaccination, Vaccine Requirement

Third Circuit Ruling Helps Clarify Reasonableness of Accommodations in Resolving Conflict Between Work Requirements and Employee Religious Beliefs or Practices

The Fight for $15 and the NLRB

Trust the Process: Relying on Existing Law or Policy is not an ADA Defense Says Third Circuit

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