Recent Developments in Employment Discrimination And Reasonable Accommodation

Now more than ever, companies need to stay agile in dealing with the various employment law issues that have arisen since the COVID-19 pandemic hit.

Companies are being forced to grapple with enforcing vaccination mandates without running afoul of discrimination and accommodation laws. The problems are twofold: disability and religious accommodations.

Under disability accommodations, companies now have to determine the extent they can grant vaccination and mask accommodation on account of temporary conditions that would not ordinarily get ADA protection.

Surprisingly, many more requests have emerged under the religious accommodation umbrella instead of medical accommodation. Companies must ascertain if an employee has sincerely held religious beliefs, practices, or observances. They also have to decide if that belief indeed prohibits vaccination and if granting that accommodation will cause undue hardship to the company.

Beyond these vaccine-related accommodation issues, there is also the challenge of dealing with the demands of hybrid and remote work and the accompanying new discrimination and harassment claims. On top of that, there are social justice movements and their impact on discrimination claims in the workplace.

To prevent long-term problems, companies need to gain a firm grasp of these new employment law issues and implement a proactive strategy.

In this episode of BR @ Work, host Will Anthony has a candid conversation with Blank Rome partners, Gus Sandstrom, and Stephanie Kaplan. They discuss discrimination, reasonable accommodation, recent developments that have materially impacted the legal landscape for employment discrimination and accommodation laws, and more.

🎙️ Meet Your Host 🎙️

Name: William J. Anthony

What he does: As a Partner at Blank Rome, Will’s labor and employment practice focuses on class, collective, and multi-party actions. He also provides training on management skills, discrimination, harassment, and other labor topics nationwide.

Company: Blank Rome LLP

Words of wisdom: “In my three decades of practicing employment law and representing employers in workplace issues, I have noticed that new laws, social movements, and job loss are really the drivers of unrest in the workplace and claims being made about that unrest.”

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🎙️ Featured Guests 🎙️

Name: Gus Sandstrom

What she does: Gus concentrates his practice in employment, ERISA and labor litigation and counseling. He defends employers against claims filed with the EEOC and state anti-discrimination agencies. He also has experience in all aspects of litigation, including case management, discovery, depositions, dispositive motions, oral argument, trials, appeals and settlement.

Company: Blank Rome LLP

Words of wisdom: “Remember the importance of maintaining balance. I think as we are all in a more virtual or hybrid world, spending more time in our home office, it's very easy to let home life and work life mix together and overlap and not have a clear boundary like you had when you left the office, got in your car, got on the subway, got on the bus, whatever, and walked home. And I myself have noticed this, that it can be hard to turn things off for a while and just spend time with your family, or frankly, spend time with yourself. And from a mental health perspective it's essential to have that division and to have time where you're not focused on what you're doing at work day to day..”

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Name: Stephanie Kaplan

What she does: Stephanie focuses her practice on labor and employment litigation and counseling. She advises and represents clients nationally on a variety of matters, including litigation and investigation on behalf of employers involving discrimination, harassment, retaliation ADEA, ADA, FMLA, wage claims, and restrictive covenants in federal and state courts.

Company: Blank Rome LLP

Words of wisdom: “I think for me the pandemic has taught us we can't predict or control the future. So it's really critically important to be present in the moment and appreciate the moment. So what does that mean for me? That means listen to the people you're talking to and pay attention. That means appreciate your surroundings and really be present to where you are..”

Connect: LinkedIn

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The insights and views presented in BR @ Work are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney, nor does tuning in to this podcast constitute an attorney-client relationship of any kind.