Duty to Accommodate

News & Analysis as of

Reintegration procedure of employees on long term work incapacity leave

In order to give employees the opportunity to come back promptly to work after a long term work incapacity, new legislations were adopted. On 1 December 2016, two Royal Decrees relative to the reintegration of employees on...more

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...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

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Proposed Rule for State and Local Government Websites Slated for July 2017

Seyfarth Synopsis: DOJ announces that proposed rules for state and local government websites will issue July 2017. The DOJ announced last week in the federal government’s Unified Agenda that it will be issuing a...more

California’s Employment Law Class of 2017 (Part II): The Laws, Their Effects and Some Recommendations for Compliance

In part I of this two part series reviewing the employment law class of 2017 we focused on developments in discrimination, anti-retaliation and discharge, hiring and background checks, and workplace health and safety. In part...more

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation,...

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations, after an arbitrator relied on a doctor’s assessment done after...more

Are You Ready for Colorado's Pregnant Workers Fairness Act?

New accommodation and notice requirements are effective next week. With a law signed earlier this summer, Colorado became the 17th state to require private-sector employers to provide certain accommodations to pregnant...more

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

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

Canadian Employment News Series - April 2016

Duty to accommodate may include transferring employee to another workplace A recent decision by the Public Service Labour Relations and Employment Board serves as a reminder to employers that that it is wise to obtain...more

Canadian Employment News Series: Duty to accommodate may include transferring employee to another workplace

In a recent decision, Emond v. Treasury Board (Parole Board of Canada), the Public Service Labour Relations and Employment Board concluded that an employer’s duty to accommodate may include transferring an employee with a...more

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

Why You Should Make Your Website ADA Accessible Now

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals...more

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

Accessibility Laws Take Effect January 1

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

New Urgent Question: Does Your Website Accommodate Disabled Users?

Your business, school or enterprise has an obligation under the law to accommodate handicapped people in accessing your facilities. As more business moves to the Web, the U.S. Justice Department is increasingly finding that...more

Top 4 Questions About Divorce and Special Education

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

FMLA Eligible or Not Eligible … That is the Question

The easiest part of handling a Family and Medical Leave Act (FMLA) situation is determining at the outset whether the employee is eligible for FMLA protections, right? Not so fast. Recent cases have added the seemingly simple...more

Duty to Accommodate Trumps Company Policy

Siblings 16-year-old H.T. and 14-year-old J.T. began working for ES Holdings Inc. o/a Country Herbs (Country Herbs) in April 2014. H.T. was responsible for packaging herbs, while J.T. made boxes into which herbs were placed...more

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

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

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

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

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

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

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

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