Duty to Accommodate

News & Analysis as of

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

U.S. Supreme Court Rules on Pregnancy Accommodations

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

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

Transgender Student Restroom Assignment Revisited

You may recall my colleague Zachary Schurin’s recent discussion of Doe V. Regional School Unit 26. In that matter, the Maine Supreme Court determined that the defendant school district’s requirement that a transgender...more

The Accommodation Doctrine Revisited: A Question of "Fairness to Both Parties"

As Texas holds tight to its position as the nation's number one oil and natural gas producing state, the Texas Supreme Court's decision to revisit the over forty-year-old accommodation doctrine, which requires oil and gas...more

“Ten Times The Effort” To Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work while impaired, an Ontario arbitrator has decided....more

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

Update on Family Status Accommodation: Federal Court Finds that Childcare Not a "Choice"

The Federal Court of Canada has upheld a decision of the Canadian Human Rights Tribunal which found that employers have a duty to accommodate an employee’s childcare obligations in certain circumstances on the basis of...more

R v Hall; R v Vaughan-Evans; R v Kelly

Duty to Accommodate in Policing: A Comparative Look at the Decisions of Hall, Kelly, and Vaughan-Evans

Duty to Accommodate in Policing in Relation to Drug Use/Addition of Police Officers. A Comparative Look at the Decisions of Hall, Kelly, and Vaughan-Evans....more

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