ADA › 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, 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.

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News & Analysis as of May 24, 2013

The EEOC Issues New Guidance Regarding Those with Cancer, Diabetes, Epilepsy, and Intellectual Disabilities in the Workplace

by Stacie L. Caraway | Miller & Martin PLLC on 5/21/2013

The four separate EEOC Q&A Guidance documents each are about 10 pages long. So, for those of you without the spare time to review them all, here is a brief “Cliff Note version.” ...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...more

Baptist Health South Florida Sued by EEOC for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

The Employment Law Authority - March/April 2013

by Nicole Brooks, Lee Gibbs Depret-Bixio, Wade Fricke, Matthew J. Kelley, Andrew W. Merrills, Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

by Peter Felsenfeld | Barger & Wolen on 3/28/2013

The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview....more

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

by Barbara Hoey | Littler on 3/22/2013

Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the...more

EEOC Sues Toys “R” Us for Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 3/20/2013

Retailer Refused to Provide Accommodation or Hire Deaf Applicant, Federal Agency Says - BALTIMORE - Toys "R" Us, Inc., one of the world's largest retailers of toys and juvenile products, violated federal law when it...more

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

by Laura Hayward, Brian Morris | Littler on 3/18/2013

Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace. ...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

by JD Supra Law News on 3/5/2013

No matter what your view on CEO Marissa Mayer's recent decision to revoke work-at-home privileges for Yahoo! employees, telecommuting is a reality for the contemporary workforce. But it is not without legal risks. And you...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

by Pat Gillette, Aubry Holland, Kristen Jacoby | Orrick - Global Employment Law Group on 2/27/2013

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

by David Zins | Morrison & Foerster LLP on 2/26/2013

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

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ADA › Reasonable Accommodation

The EEOC Issues New Guidance Regarding Those with Cancer, Diabetes, Epilepsy, and Intellectual Disabilities in the Workplace

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

EEOC Requires Reasonable Accommodations For Wellness Plans

Baptist Health South Florida Sued by EEOC for Disability Discrimination

The Employment Law Authority - March/April 2013

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Sues Toys “R” Us On Behalf of Deaf Job Applicant

Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination

EEOC Sues Toys “R” Us for Disability Discrimination

How Flexible Are You? Stretching the Boundaries with a Remote Workforce

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

Rarely Performed Duties May Still Be Essential

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

California Adopts New Disability Discrimination Regulations

Third Parties Don't Absolve Employers From ADA Obligations

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Deaf Lifeguard Might Be Qualified To Notice Emergency Signs For Help

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

5 Risks of Telecommuting (And How Employers Should Handle Them) [Video]

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