News & Analysis as of

Disability Duty to Accommodate

Woods Rogers

2021 Legislative Changes Impacting Virginia Community Associations (Update)

Woods Rogers on

July 1 means new laws become effective in Virginia.  The 2021 legislative session and special sessions were busy and resulted in sweeping changes—many of which impact Virginia community associations.  Of significance to...more

Harris Beach PLLC

Tis the Season for School Field Trips; Are You Including Students with Disabilities?

Harris Beach PLLC on

A school district’s duty to accommodate students with disabilities extends beyond the classroom setting into field trips and other offsite, school-sponsored activities. School districts must accommodate students with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grand Hyatt For Disability Discrimination

Hotel Denied Accommodations, Including the Use of a Chair, to a Front Desk Agent with a Chronic Back Impairment, Federal Agency Charges - NEW YORK - Grand Hyatt New York, Inc., which operates a large hotel in New York...more

McAfee & Taft

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more

Carlton Fields

Does Your Company Website Violate the ADA? Part 2-Top Ten Considerations for a Web Accessibility Policy

Carlton Fields on

In Part I of this series, we discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses, and, if so, the specific requirements that would apply to...more

Farella Braun + Martel LLP

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Dickinson Wright

Accessibility Laws Take Effect January 1

Dickinson Wright on

New Ontario Accessibility Laws Take Effect January 1 - Private sector compliance deadlines under the Accessibility for Ontarians with Disabilities Act are fast-approaching. For large organizations (50 or more employees),...more

Burns & Levinson LLP

Top 4 Questions About Divorce and Special Education

Burns & Levinson LLP on

Divorce is more common than ever. According to the Center for Disease Control, another trend on the rise is the prevalence of Attention Deficit Disorder (“ADD”) and Attention Deficit Hyperactive Disorder (“ADHD”) diagnosed in...more

Smith Anderson

[Webinar] Americans with Disabilities Act: Reasonable Accommodations Process and Handling Requests Properly - August 25, 1:00pm...

Smith Anderson on

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Mintz - Employment, Labor & Benefits...

Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process

Employers are generally aware of the obligation under the Americans with Disabilities Act to engage in an “interactive process” with employees who require accommodations in order to perform their duties, but identifying the...more

Nossaman LLP

New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

Nossaman LLP on

The U.S. Department of Transportation ("DOT") has issued new rules effective July 13, 2015 requiring transportation entities to modify their operating practices in certain circumstances to accommodate disabled passengers....more

Seyfarth Shaw LLP

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

Seyfarth Shaw LLP on

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Seyfarth Shaw LLP

DOJ Shifts Position on Web Access: Stating In Court Filings That Public Accommodations Have a “Pre-Existing” Obligation to Make...

Seyfarth Shaw LLP on

What a difference five years makes. In September 2010, the Justice Department (DOJ) announced in an Advanced Notice of Proposed Rulemaking (ANPRM) that it would issue new regulations under Title III of the ADA to address the...more

Hinshaw & Culbertson LLP

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more

Miller & Martin PLLC

U.S. Supreme Court Rules on Pregnancy Accommodations

Miller & Martin PLLC on

This is one of our "ones to watch for 2015" – Young v. UPS. The legal question certified by the Supreme Court in 2014 was: Whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that...more

Sherman & Howard L.L.C.

Do You Have to Guess?

Employers don’t have to guess an employee’s disability and force an accommodation under the ADA. In Walz v. Ameriprise Financial, Inc., No. 14-2495 (8th Cir. March 9, 2015), an employer fired its employee for repeated...more

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