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In
Burnett v. Ocean Properties, Ltd., et
al., the First Circuit Court of Appeals upheld a jury
verdict for the plaintiff in his failure to accommodate claim under
the Americans with Disabilities Act (ADA) and the Maine Human
Rights Act (MHRA). The court s opinion provides a useful
reference for the single integrated employer test for
liability under the ADA. More significantly, it is an important
reminder for employers regarding how seriously to evaluate
accommodation requests, how promptly to respond to them, and how
informed employees should be throughout the process. The First
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On March 4, 2021, the California Department of Fair Employment
and Housing ( DFEH ) updated its COVID-19 related guidance. In addition
to addressing whether an employer may ask about symptoms, take
employees temperatures, and require the use of personal
protective equipment among other things, the DFEH addresses a
question that has been top of mind for many California
employers:
Can employers require their employees to be vaccinated?
The short answer is yes, so long as the employer adheres to the
requirements of the Fair Employment and Housing Act
Seyfarth Synopsis: In the most recent decision to consider the intersection between religion and employment law, Massachusetts's highest court in DeWeese-Boyd v. Gordon Coll., No. SJC-12988
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There has been a sharp rise in the number of Americans with
Disabilities Act (ADA) lawsuits filed in 2020 and 2021 thus far
alleging a lack of compliant passenger loading zones. Many of these
lawsuits have been filed against hotels in California throughout
the state. The lawsuits are generally filed by serial ADA plaintiff
Theresa Brooke. She is generally represented by attorney Peter
Strojnik.
All hotels should be aware of the law and potential for
litigation. The ADA requires if any passenger loading zones are
offered to guests, there must be at least one passenger loading
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In November 2020, voters in five states (Arizona, Mississippi,
Montana, New Jersey, and South Dakota) voted in favor of legalizing
medical and/or recreational marijuana. Since then, there have been
several developments within the marijuana legalization world that
employers may want to keep an eye on as they move forward in
2021.
While the COVID-19 pandemic brought a halt to many state
legislative efforts to legalize marijuana in 2020, many of those
efforts have been renewed in 2021, and some states have begun to
consider marijuana legalization for the first time. Also, while