Special Webinar Announcement
2023 Human Resources Regulatory Update
SESCO will be conducting a special webinar on October 10, 2023, from 2 pm to 3:45 pm Eastern Standard Time.
The Virginia General Assembly’s 2023 legislative session has concluded. With a divided government, modest but important updates were made to employment laws in the commonwealth. This included bills addressing employee organ donation and use of employee social security numbers.Each of these laws is slated to take effect July 1, 2023, but Virginia employers should begin preparing now to ensure compliance.
Under the Americans with Disabilities Act (ADA), employers do not have to excuse an employee from performing an essential function of a job as a reasonable accommodation. Several courts have found that a job duty is an essential function where an employee performs it up to twenty percent of the time, particularly where the job description suggests that an employee must be able to perform it. The Eleventh Circuit has recently gone in a different direction. In Brown v. Advanced Concept Innovations, Inc., the Eleventh Circuit held that such a function was not essential, and thus, an employer violated Florida’s anti-discrimination law (which courts interpret consistently with the ADA) by failing to excuse an employee from performing it. While Brown may arguably be an outlier, it reinforces the importance of maintaining accurate and up-to-date job descriptions.
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