Author Archives: Margaret Davis

Federal Judge Dismisses EEOC Cased Based on Lack of Details in Complaint

Recently, a federal judge in the District of Columbia dismissed an Equal Employment Opportunity Commission (“EEOC”) lawsuit against Walmart on procedural grounds relating to the level of detail required in a complaint.  This case serves as a reminder of the the necessary elements for a reasonable accommodation claim.  In this case, two employees with hearing limitations alleged that the managers at the Walmart store where they worked failed to accommodate their disability.  The two employees had sought sign language interpretation … Continue reading

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Posted in ADA, EEOC, Reasonable Accommodation | Tagged , , , , | Leave a comment

The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities

In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer.  According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”

This month, the Seattle Office of Labor Standards announced its final revisions to the administrative rules for Seattle’s Paid Sick and Safe Time (“PSST”) ordinance.  The rules become effective July 1, 2018.  Seattle’s Paid Sick and Safe Time Ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue, among other reasons.  The final administrative rules … Continue reading

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Posted in Leave Laws, Legal Updates, New Legislation, Paid Leave, Safe Time, Seattle, Secure Scheduling, Sick Leave | Tagged , , , | Leave a comment

New Law Limits Discovery in Washington Law Against Discrimination Suits

On March 15, 2018, Washington governor Jay Inslee signed Senate Bill 6027 into law.  This law impacts discovery in cases brought under the Washington Law Against Discrimination (“WLAD”).  The law becomes effective on June 7, 2018.  This law states that a plaintiff who seeks non-economic damages (such as emotional distress) under WLAD does not thereby waive the privileged status of his or her medical records.  A plaintiff will be deemed to have waived the privilege of his or her medical records … Continue reading

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Posted in Discovery, Medical Records, New Legislation, Washington Law Against Discrimination, WLAD | Tagged , , , , | Leave a comment

Employer Tax Credit Available for Paid FMLA leave

The tax plan that was signed into law at the end of 2017 creates a new tax credit for employers.  The credit appears in Section 13403 of the Act, and applies to employers who pay employee leave under the Family and Medical Leave Act (“FMLA”).  The credit begins in 2018 and as of now, is set to expire at the end of 2019.  Although possibly short-lived, employers may want to claim the benefit while they can. Employers may obtain a … Continue reading

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Posted in FMLA, Leave Laws, Paid Leave | Tagged , , , , | Leave a comment