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With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance. Applicable voting laws vary by state. Some state laws require paid time off to vote, while other state laws do not mandate such time off be paid. Laws also…
The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats).  Prior to filing a lawsuit under Title III of the Americans with Disabilities Act, the bill requires potential plaintiffs to provide businesses with both notice of architectural barriers as well as an opportunity to remove them during a cure period. Given the recent surge in the number of…
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a jury verdict in favor of a former Alabama police officer on her pregnancy and Family and Medical Leave Act (FMLA) claims. Hicks v. City of Tuscaloosa, Ala., No. 16-13003 (11th Cir. Sept. 7, 2017). The Eleventh Circuit held that the Pregnancy Discrimination Act (PDA) bars bias against breastfeeding mothers and affirmed an award of $161,319.92 plus costs and attorneys’ fees to the plaintiff. Former…
Granting summary judgment to an employer on Family and Medical Leave Act claims asserted by a former employee, an Illinois district court held that: (1) the employee had failed to demonstrate his firing had any causal relationship to his prior FMLA leave (or any potential future need for FMLA leave); and (2) the employer’s initial denial of FMLA leave was justified based on the plaintiff’s failure to provide sufficient medical documentation justifying his wife’s “serious…
Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA.  For instance, businesses operating in New York must use the disability access symbol designated by the state, but the U.S. Access Board (which sets standards of accessibility for federal agencies and drafts the ADA Accessibility Guidelines that the Department of Justice (DOJ) incorporated into its ADA Title III regulations) recently issued guidance that…