When Is Reasonable Reasonable?

As we’ve cautioned in the past, the Americans with Disabilities Act is a federal law to which small business owners must pay particularly close attention. We’ve advised in prior issues of so-called “drive-by lawsuits”, where individuals use the ADA as a club by which to extort settlements from business owners. But, the law has real…

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Pregnancy Protections

Massachusetts Governor Charlie Baker yesterday signed the Pregnant Workers Protection Act (H3680) into law requiring employers in the Commonwealth to make reasonable workplace accommodations for pregnant workers. Under the new law, which hadn’t been able to gain much traction in several past sessions, it is illegal for employers in the state to choose not hire…

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Miscellaneous

It may have begun way back in 2011, but perseverance paid off to the tune of $550,000 for a former Chipotle employee in one of the chain’s Washington DC restaurants.  The former employee, Doris Garcia Hernandez, convinced a jury in the US District Court for the District of Columbia that her employment was indeed terminated…

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Irony of Ironies

The Massachusetts Commission against Discrimination (MCAD) has found that the state agency charged with protecting the rights of those with disabilities, the Massachusetts Rehabilitation Commission, illegally discriminated against an individual with disabilities,  The hearing officer determined that the agency hadn’t made a “reasonable accommodation” for his dyslexia, attention deficit disorder and other learning disabilities, ultimately…

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Rhode Island Adds Pregnancy Protections

The Rhode Island legislature last month amended its Fair Employment Practices law to require employers to make reasonable accommodation for pregnant women and new mothers.  Under the bill, which Governor Gina Raimondo signed into law last week, employers must accommodate an employee’s or prospective employee’s pregnancy, childbirth or related medical condition.  Further, the bill prohibits…

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