Americans with Disabilities Act 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

Disability Services Company to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

ValleyLife Failed to Provide Reasonable Accommodations to Employees With Disabilities, Federal Agency Charges - PHOENIX - ValleyLife, a disability support services company, will pay $100,000 and furnish other relief to...more

ADA and Batman - by Robin

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Needle Phobia Creates A Sticky Situation Under ADA

The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Can Fido Come to Work? EEOC Files Suit to Require Emotional Support Dog on Truck Route

It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...more

Employer Requirements in Regard to Permitting Employees to Bring Service Dogs to Work

In a recently filed lawsuit, Equal Employment Opportunity Commission v. CRST International Inc. and CRST Expedited Inc., the EEOC alleges that CRST violated the Americans With Disabilities Act (“ADA”) by denying an...more

Retail Practice Alert - March 2017: Developments in Website Access Litigation and New Focus for Plaintiff's Bar—Is Your In-Store...

Retailers facing Americans with Disabilities Act (“ADA”) claims may be out of frying pan, but into the fire in light of recent developments. Out of the Frying Pan: Gomez v. Bang & Olufsen America, Inc., No. 16-cv-23801...more

Magnolia Health Corporation to Pay $325,000 To Settle EEOC Class Disability Discrimination Case

Settlement Resolves Claims for People Who Were Denied Employment or Accommodations Because of Their Disabilities - FRESNO - Magnolia Health Corporation, a Visalia, Calif.-based company that operates health care and...more

EEOC Sues Company That Didn't Hire Veteran Over Use Of Service Dog

Last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit against freight company CRST Expedited Inc. on behalf of a truck driver trainee who is a veteran. According to the Commission, the employer violated...more

[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect...more

Cushman & Wakefield will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Commercial Real Estate Services Company Fired Employee with Breast Cancer, Federal Agency Charged - BALTIMORE - Commercial Real Estate Services Company Cushman & Wakefield will pay $100,000 and furnish significant relief...more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016...more

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

S&B Industry to Pay $110,000 to Settle EEOC Disability Discrimination Suit

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charged - DALLAS - A Fort Worth cellphone repair facility has agreed to pay $110,000 and...more

Focus on the FMLA: Part III

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

What is a Reasonable Accommodation under the Americans with Disabilities Act? The City of Philadelphia’s Costly Reminder to...

On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a...more

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently...more

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

Let’s Talk: The Interactive Process Between Employer and Employee

An employer who is asked for a job accommodation by an employee with a disability is required to take part in what is called the interactive process under both the federal Americans with Disabilities Act (ADA) and the New...more

Accommodating Mental Health Conditions – The EEOC's Latest Guidance and Some Practical Tips for Complying with the ADA

Complying with the Americans with Disabilities Act is not an easy task. Even if an employer does the document dance correctly, determining whether an accommodation is reasonable can be a tough call. Reasonable people can...more

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

EEOC Explains Workplace Rights For Employees With Mental Health Conditions

Late last year, the Equal Employment Opportunity Commission (EEOC) issued a “resource document” aimed at employees entitled “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights.” While the...more

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

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