News & Analysis as of

Americans with Disabilities Act (ADA) Disability Discrimination Interactive Process

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

Adams and Reese LLP on

...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

BakerHostetler

Keeping Mental Health Top of Mind Beyond May While Ensuring ADA Compliance

BakerHostetler on

Before we shift our focus away from Mental Health Awareness Month, we want to offer some guidance to employers seeking not only to avoid liability under the Americans with Disabilities Act (ADA) but also to create a more...more

Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

Jackson Lewis P.C.

Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request

Jackson Lewis P.C. on

One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a...more

Fisher Phillips

10 Steps to Mental Health Wellness for Your Employees

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The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more

Epstein Becker & Green

#WorkforceWednesday: Mental Health Accommodations and Parity, Board Diversification Law Struck Down, Ban-the-Box Update -...

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This week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond. Mental Health Accommodations and Parity in...more

Baker Donelson

"Heigh Ho, Heigh Ho, It's Back to Work We Go – But Can My Dog Go Too?"

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Approximately two years ago, the World Health Organization (WHO) declared COVID-19 a pandemic. In response, the world essentially shut down, with schools closed, outdoor events cancelled, and employees told to work from home....more

PilieroMazza PLLC

Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious Beliefs

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Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

PilieroMazza PLLC

[Webinar] Return to Work: Employer-Mandated COVID-19 Vaccination Policies and Accommodating Employee Disabilities and Religious...

PilieroMazza PLLC on

Over 50% of the adult population of the U.S. has received at least one dose of a vaccine to combat COVID-19, and many employers are looking forward to a “return to normal,” with employees coming back to the workplace. But...more

Jackson Lewis P.C.

Ask A Litigator: What Should Employers Know About The Interactive Process?

Jackson Lewis P.C. on

As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more

Jaburg Wilk

ADA Disability In The Age Of COVID-19

Jaburg Wilk on

An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

McAfee & Taft

Expanded disability claim liability for employers - Gavel to Gavel

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Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits. The Americans with Disabilities Act requires employers to reasonably...more

Gould + Ratner LLP

Step 2 (cont.): Mental Health

Gould + Ratner LLP on

Employees must feel well to do their jobs well. Since March, one of my amazing partners has reminded me: “On the plane, they tell you to put your mask on first before assisting others.” The same premise can be applied on the...more

Dorsey & Whitney LLP

Ninth Circuit Holds that After-Acquired Evidence May Disqualify Plaintiffs Under the Americans With Disabilities Act

Dorsey & Whitney LLP on

On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act. Sunny Anthony was employed by...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Parker Poe Adams & Bernstein LLP

Employers Should Carefully Manage Interactive Process When Considering ADA Accommodations

In some situations, employers call us to ask about an employee’s request for job modifications that appear unworkable on their face. Sometimes, the requests remove a substantial part of the employee’s job duties, often...more

Jaburg Wilk

A Peacock Walks into the Office

Jaburg Wilk on

Emotional support animals seem to be everywhere. We see them on planes, in restaurants, and other businesses. Places that were once off-limits to animals have “gone to the dogs.” What do you do, however, when your employee...more

U.S. Equal Employment Opportunity Commission...

Colorado Excavating to Pay $42,500 to Settle EEOC Disability Discrimination Suit

Company Fired Employee After Seizure, Federal Agency Charged - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, will pay $42,500 and furnish other relief to settle a disability...more

U.S. Equal Employment Opportunity Commission...

EEOC and Lifewell Living Center, LLC Conciliate Disability Charge

ALBUQUERQUE - The U.S. Equal Employment Opportunity Commission (EEOC) and LifeWell Living Center, LLC have reached a voluntary conciliation agreement to resolve allegations of disability discrim­ination raised by a former...more

Bass, Berry & Sims PLC

What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

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Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to...more

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