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

EEOC Issues Proposed Regulations on Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In...more

ADA “Direct Threat” Defense Just Got a Little Easier

The rights and protections afforded to those with disabilities by the Americans with Disabilities Act (“ADA”) are not without limitations. Accommodations for disabled employees must be reasonable, and the employee must still...more

Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...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

EEOC clarifies rules for wellness programs

Wellness programs in the workplace - Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in...more

EEOC issues proposed rule on resolving the ADA and employer wellness programs: limited incentives permitted, medical...

This week, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules describing how the Americans with Disabilities Act (ADA) applies to employer wellness programs that form part of group health plans. ...more

Common Sense Prevails: Working From Home Sometimes Will Not Work

Well, phew. We like when legal developments we believe raise troubling questions with problematic implications later develop into something seemingly more rational based on the intersection of law and logic. One such pleasant...more

Employment Law - April 2015

To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees - Why it matters: The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more

11th Circuit Upholds Bar on Claims by Jail Officer with Cancer

The Eleventh Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a...more

EEOC has defined “ability to interact with others” as a major life activity, making social anxiety disorder a disability under the...

An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her...more

Supervisor’s “Smoking Gun” Comments Keep ADA Claim Alive

A recent case out of New York reminds employers of the serious impact that off-the-cuff comments can have, especially when they take place during an employee’s termination. A couple of statements uttered by a supervisor,...more

EEOC Releases Proposed Rule on Employee Wellness Plans

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long awaited proposed rule on employee wellness programs. The rule is designed to help companies structure such programs to meet their...more

Applying for Other Jobs Kills an Employee's Stress-related Reasonable Accommodation Claim

A Southern District of Texas court recently issued an opinion which shows that an employee may take actions during a leave under the Family Medical Leave Act (FMLA) which preclude any future reasonable accommodation claim...more

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

6th Circuit Provides Road Map for ADA Accommodation Cases

A recent Sixth Circuit Court of Appeals case provides employers with a great example of how to evaluate accommodation requests under the Americans with Disabilities Act (ADA). In EEOC v. Ford Motor Co., a case which...more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could...more

Unreasonably Sporadic Telecommuting

One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to...more

More Road Rules: Telecommuting as a “Reasonable Accommodation” Under ADA Gets an Update

Last year, my colleague Gabe Jiran, had a series of posts on telecommuting as a possible reasonable accommodation. In one post, he reported on a Sixth Circuit decision that allowed an employee (and EEOC) to proceed to trial...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Supreme Court's Decision in Discrimination Case Creates New Standard, Prompts Review of Employers' Pregnancy Accommodation...

The U.S. Supreme Court has revived a pregnancy discrimination lawsuit brought by a part-time employee who had been placed on unpaid leave while she was expecting a baby – a decision that puts employers on notice that they...more

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