News & Analysis as of

Americans with Disabilities Act (ADA) › Discrimination › Failure to Accommodate

Sherman & Howard L.L.C.

Interactive Process Remains Key To Prevailing On ADA Claims

Sherman & Howard L.L.C. on

In Thompson v. Microsoft, No. 20-50218 (June 22, 2021), the Fifth Circuit provided employers a great reminder of the importance of the interactive process when it affirmed summary judgment for the employer, Microsoft, on...more

Polsinelli

No Vaccine? No Job! Court Affirms Employer’s Ability to Condition Employment Upon Vaccinations

Polsinelli on

On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...more

Bradley Arant Boult Cummings LLP

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist

Bradley Arant Boult Cummings LLP on

If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more

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