— Reasonable Accommodations Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations

What doctors should keep in mind if their patient needs workplace accommodations

November 30, 2023 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article addresses a few common stumbling blocks we have seen when doctors fill out accommodation paperwork.

Because of the Americans with Disabilities Act (“ADA”), employees with disabilities have a right to receive reasonable accommodations for a disability from their employer that will allow them to continue to perform the “essential functions” of their job. Employers, in turn, are permitted to ask for reasonable documentation to show that an employee has a disability and needs an accommodation, if those things are not open and obvious.

Job Burnout is Real. Just Ask Facebook.

June 9, 2022 | Rob Wiley, P.C.

Earlier this month, Sheryl Sandberg announced her resignation from Facebook parent Meta Platforms, Inc. Her departure was a surprise to many people. Ms. Sandberg was the Chief Operating Officer of one of the biggest and most powerful companies in the world. She was the primary reason why Facebook scaled from a company with $153 million in revenue and 500 employees in 2007 to its current size, with more than 77,000 employees.

This past week, the Wall Street Journal reported that Ms. Sandberg decided to leave Meta after a years-long process of battling job burnout. She felt like she had become a punching bag for the company’s problems and that she was targeted in a way that would not happen to a man, according to the Journal. This caused Ms. Sandberg to become disconnected from the business and less visible publicly.

In a way, Ms. Sandberg’s departure shouldn’t have been surprising. The writing was on the wall. Job burnout is real and it’s becoming more prevalent. It can happen to anyone at any level, like Ms. Sandberg, who earned $35.2 million in 2021 and has a net worth of $1.6 billion.

Ramadan 2022 is Here: Do I Qualify for a Religious Accommodation?

March 31, 2022 | Rob Wiley, P.C.

The Muslim holy month of Ramadan is observed by 1.6 billion people around the world. Practicing Muslims will be fasting from dawn until dusk (approximately 6 a.m. to 8 p.m.) beginning on April 2, 2022 and ending on May 2, 2022. Fasting means no food or liquid of any kind. Yes, that includes water! Ramadan is meant to be a time of spiritual discipline – of deep contemplation of one’s relationship with God, extra prayer, increased charity and generosity, and intense study of the Quran. It is a joyous month meant to be shared and celebrated with loved ones.

Fasting during Ramadan is one of the five pillars – or duties – of Islam, along with the testimony of faith, prayer, charitable giving, and making a pilgrimage to Mecca. The practice of fasting is intended to be a reminder of human frailty and dependence on God for sustenance. It reduces the distractions of life to allow time to focus on our relationship with God. Importantly, it provides an example of the hunger and thirst the poor experience, which is intended to encourage empathy for and charity to the less fortunate.

During Ramadan, it is not unusual for Muslims to be up past midnight for prayer and then get up around 5 a.m. to eat the first meal of the day, which must last until sunset. This means lots of high-protein food and drinking as much water as possible until dawn, after which we cannot eat or drink anything. At dawn, Muslims will perform their first prayer of the day, followed by four additional mandatory prayers throughout the day and an optional late-night prayer, which is typically only preformed during Ramadan. Many Muslims, myself included, are typically more devoted to their prayers during this month and try to set time aside throughout their day to timely complete each of the five scheduled daily prayers. For me, that means blocking time on my work calendar to ensure I am not scheduled for meetings or appointments during the various prayer times that fall within work hours.

Mental Health is Wealth: Tap into your resources.

February 10, 2022 | Rob Wiley, P.C.

The death by suicide of Cheslie Kryst was a big wake up call. Mental illness is prevalent amongst Americans now more than ever. According to data collected by Mental Health America, Texas is the second most prevalent state for mental illness. As a Texas employee, you should be aware of the resources available to you.

Historically, many cultures have viewed mental illness as a form of religious punishment or demonic possession. Negative attitudes toward mental illness persisted into the 18^th century in the United States, leading to stigmatization of mental illness, and confinement of mentally ill individuals. As a society, we still have negative views of and oftentimes downplay the severity mental disabilities. In fact, I just watched an episode of the Bachelor where one contestant mocked another because she suffered from ADHD. I was disgusted by such a display of ignorance, but at the same time, was proud that mental health was being talked about on a such a widely televised platform.

I say that to say that although there are individuals who still have negative attitudes toward mental illness, it is no longer a taboo topic that we must be hush hush about. In 2021, approximately 19% of adults experienced a mental illness, which is equivalent to 47 million Americans. In addition, 7.67% of adults reported substance abuse disorders in 2021. Approximately 10.7 million or 4.34% of adults experienced severe suicidal thoughts in 2021. These are just the statistics for adults. Children also experienced high rates of depression, substance abuse, and suicidal thoughts.

The Vaccine Mandate

November 5, 2021 | Deontae Wherry

COVID-19 has dictated much of our daily activities over the last 20 months. It seems that COVID-19 is not going away anytime soon neither is the vaccine mandate. Yesterday, President Biden’s administration fulfilled its promise that it would take more aggressive steps in getting more Americans vaccinated. The administration announced additional vaccine mandates affecting more than 100 million workers. In this article, I will explain what this mandate means for employees.

Coverage

The purpose of the COVID-19 mandate is to minimize the risk of COVID-19 transmission in the workplace. This mandate does not apply to every company; instead, this mandate applies to private companies with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, and federal contractors. If you work at one of these entities or you are a federal contractor, this mandate applies to you. However, private companies with fewer than 100 employees may still mandate the vaccine as a condition of employment. One clear distinction of this mandate is that it does not apply to employees of a covered company who work exclusively outdoors, or from home.

Can my Employer Mandate the COVID Vaccine?

February 5, 2021 | Deontae Wherry

By all accounts, we can agree that the year 2020 was unconventional in every way. We were forced to live our lives in ways that many of us never imagined. And when we thought things were going to get better, it seems things only got worse. As we enter into the new year, it is our hope that our best days are ahead of us with the newly approved COVID-19 vaccine (“vaccine”).

No one knows how long it will be before everyone is vaccinated or even if the rushed vaccine will work. In fact, according to the Pew Research Center, while Americans’ confidence in the vaccine is increasing, many groups remain hesitant about getting vaccinated. It is becoming clear that whether we want the vaccine or not, employers are going to have a critical role in the administration of the vaccine. This article discusses employees’ rights as it relates to employer-mandate vaccinations.

On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) published its guidance related to workplaces requiring the COVID-19 vaccine. This guidance helps us better understand what we can expect in the days and months ahead. Nevertheless, employers must not violate employment laws in mandating or administrating the vaccine.

What Are a Nursing Mother’s Rights Under Texas Employment Law?

December 12, 2019 | Law Office of Rob Wiley, P.C.

The Fair Labor Standards Act (FLSA) requires that businesses and employers provide nursing mothers with certain accommodations in the workplace. The Act applies to all qualified Texas employees, and if their employers do not offer these benefits, the employer may be liable.

Section 7 of the FLSA (the “Act”) requires employers to provide employees with time and resources to breastfeed in the workplace. The Act mandates employers to provide their employees with a “reasonable break time” to express breast milk for their nursing child for up to one year after the child’s birth. Often, these breaks are referred to as “pumping breaks.”

The amount of time the employer is required to provide must be reasonable, but this will vary as to the frequency and number of times needed. Employers have several options on how to allow their employees this reasonable time. Some have periods of downtime, and they may ask their employees to use that time to express milk. In certain instances, employers allow employees to split shifts to enable employees to leave and express milk. If an employer has a formal policy for nursing mothers, they must adhere to these policies and procedures.

Working from Home Can Be a Reasonable Accommodation Under Texas Employment Law

August 19, 2019 | Law Office of Rob Wiley, P.C.

Under the Americans with Disabilities Act (ADA), employers cannot discriminate against prospective or current employees based on their disability. The ADA provides that qualified individuals with disabilities should receive a reasonable accommodation to perform their job duties, unless it imposes an undue burden on the employer. These accommodations offer disabled individuals the ability to engage in equal employment opportunities.

Reasonable accommodations can be provided at all stages of employment and in various ways. For example, employers may be asked to change the application process or training process to accommodate a prospective or new employee. Moreover, an employer could adjust equipment or software to assist a disabled employee. Although employers are not required to create new positions, they may be required to reassign employees if a qualified position becomes available.

In some instances, an employee may request to work at home to accommodate their disability. Although not every job can be performed at home, teleworking can be a reasonable accommodation depending on the circumstances. The ADA does not mandate employers offer teleworking as a reasonable accommodation; however, if an employer does retain a teleworking policy, they must allow disabled employees that same opportunity. The result may be an employer modifying their current teleworking policy to accommodate a person with disabilities.

How Can an Employer Accommodate My Religious Beliefs?

March 7, 2019 | Law Office of Rob Wiley, P.C.

Under Title VII of the Civil Rights Act of 1964, an employer cannot discriminate on the basis of religion. Of course, this includes an employer that makes hiring, firing, promotion, or compensation decisions based on a person’s faith. However, Title VII also more broadly protects employees from having the “terms and conditions” of their employment affected because of their religious beliefs. This means that Texas employers should reasonably accommodate employees’ sincerely held religious beliefs or practices if an employee’s beliefs conflict with the employer’s work requirements.

Common accommodations include an employer allowing for an employee to maintain a flexible schedule, allowing employees to swap shifts when necessary, and also potentially allowing for an employee’s reassignment. A reasonable accommodation may also relate to an employer’s dress or grooming policies. For example, by allowing an employee to wear a head covering or allowing employees to maintain facial hair. In addition, an employee’s request not to wear a specific article of clothing, such as pants or a skirt, may also be the basis for a religious accommodation. Only requests that are based on sincerely held religious beliefs will require an accommodation. However, the term “religion” is broadly defined by the Equal Employment Opportunity Commission, and includes strongly held moral and ethical beliefs.

To obtain a religious accommodation, a Texas employee must first notify their employer of their request. Typically, this should be done in writing and should explain that the employee’s request is based on a sincerely held religious belief. In some cases, an employer will need more time to determine what would need to be done to provide the accommodation. This is supposed to be an interactive process between employee and employer, as the employer attempts to determine how it could implement a satisfactory accommodation. An employer must make a reasonable accommodation unless doing so would cause the employer to suffer an undue hardship.