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Articles Posted in Reasonable Accommodation

EEOC Declares That All High-Risk Employees Can Request Reasonable Accommodations at Work During the COVID-19 Pandemic
Siegel LeWitter Malkani

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 Control (CDC) has found make…

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U.S. Supreme Court Upholds Employees’ Rights to Religious Accommodations
Siegel LeWitter Malkani

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 Muslim woman named Samantha Elauf…

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Be Careful What You Say In Your Disability Application: It May Not Bar Your Case, But You’ll Have Some Explaining to Do
Siegel LeWitter Malkani

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 you say can and will…

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