Americans with Disabilities Act Disability Reasonable Accommodation

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

Employment Law Update - ADA with a side of FMLA: A Cornucopia of Legal Issues

Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition...more

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

New Protection For Pregnant Employees

For decades, the Rhode Island Fair Employment Practices Act has protected pregnant employees from termination or other adverse job action on account of pregnancy. Now, the Rhode Island General Assembly has taken pregnancy...more

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

[Webinar] Americans with Disabilities Act: Reasonable Accommodations Process and Handling Requests Properly - August 25, 1:00pm...

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process

Employers are generally aware of the obligation under the Americans with Disabilities Act to engage in an “interactive process” with employees who require accommodations in order to perform their duties, but identifying the...more

New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

The U.S. Department of Transportation ("DOT") has issued new rules effective July 13, 2015 requiring transportation entities to modify their operating practices in certain circumstances to accommodate disabled passengers....more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Reasonable, Not Perfect, Efforts Required to Avoid Having Constructive Knowledge of an Employee's Disability

What happened? Under the Equality Act 2010, employers are required to make reasonable adjustments where they know, or "ought reasonably to know", that an employee has a disability. This is commonly referred to as actual or...more

The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Additional Leave May Be Required Under ADA Even if Maximum Leave Is Exhausted

In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied an employer’s motion for summary judgment on a failure-to-accommodate claim under the...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more

Is Firefighter's Fear of Fire an ADA Disability?

Although it might seem strange to suggest that a firefighter's fear of entering a burning building is a disability, that's exactly what a Texas jury decided. In the end, however, the Texas Supreme Court overturned the jury's...more

Deciphering Accommodation Requests under the ADA Not Clear Cut

Employers often take appropriate measures to ensure compliance with the Americans with Disabilities Act (ADA). However, ADA compliance efforts may be useless in situations where an accommodation request or disability is not...more

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