Americans with Disabilities Act Family Medical Leave Act

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

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

How Much Disability Accommodation Leave Do You Have to Provide to Employees? Questions Remain Despite New EEOC Guidance

For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment...more

New EEOC Guidance on Leave Imposes Greater Obligations on Employers

Employers must consider providing unpaid leave and giving priority to disabled employees who want to be re-assigned under new guidance from the EEOC last month. In the new EEOC Guidance available here “Employer-Provided Leave...more

Beyond FMLA Leave: The Undefined Limits of Leave As a Reasonable Accommodation

Under the Equal Employment Opportunity Commission’s (EEOC) new guidance on employee disability leaves, employers are required to provide disability accommodation leave and reinstatement rights even for disabled employees who...more

The show must go on: helping employees in crisis

ORLANDO — The 70th annual Tony Awards were held on Sunday night to recognize achievements in Broadway productions over the past year.  The excitement and enthusiasm of the occasion were dampened, however, as many presenters...more

New EEOC Guidance – Handling Disabled Employee Leave Requests which Conflict with Your Company Policies and Practices

The Equal Employment Opportunity Commission (EEOC) has recently issued a new Americans with Disabilities Act (ADA) Guidance document which provides 20 examples of how the Agency expects employers to reconcile their regular...more

Pre-and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up...more

The Workplace is Not Immune: Guidance for Employers on the Zika Virus Outbreak

On April 22, 2016, the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) jointly issued new guidance aimed at protecting workers from occupational exposure to the...more

Despite Veteran-Friendly Construction, Liability Under USERRA’s Anti-Discrimination Provisions Still Requires Adverse Employment...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more

Military Employment Rights: A Recap For The Memorial Day Weekend

In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA - The Uniformed Services Employment and Reemployment...more

New Guidance From the EEOC on Leave as Reasonable Accommodation Doesn’t Give Employers Much Guidance

The EEOC’s latest guidance on leave and the ADA makes clear that the Commission isn’t backing down from its position that employers must consider leave as a reasonable accommodation, a topic we’ve discussed in prior blog...more

New FMLA and ADA Resources, Old Problems

In the past three weeks, employee leaves have gotten a lot of attention. The Department of Labor issued new FMLA guidance and a new poster. Then, this week, the EEOC issued a new resource page for employer-provided leaves...more

EEOC issues new guidance on leave of absence and ADA accommodations

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

Legal, Or Illegal? Employee Leaves Of Absence And The ADA

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,...more

The EEOC Just Keeps On Giving! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”)....more

EEOC Issues New Resource Regarding Leave as a Reasonable Accommodation

On May 9, 2016, citing a “troubling trend” gleaned from the surge in disability charges that it has received in recent years, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new resource document...more

EEOC Weighs in on Leave as a Reasonable Accommodation

On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a resource document addressing the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with...more

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

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