News & Analysis as of

Essential Functions Disability Discrimination

Employer Not Required to Pay for Medical Treatment or Provide Teamwork Structure as ADA Accommodations

A recent decision from the Second Circuit Court of Appeals illustrates the limits of employers’ obligations to accommodate employee disabilities under the Americans with Disabilities Act (ADA). Stevens v. Rite Aid Corp....more

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Federal Court: Maryland Fair Employment Practices Act Requires Employer to Consider Jobs Other than Employee’s Current Job When...

In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Second Circuit Rejects Employee’s Trypanophobia Claim

by Shipman & Goodwin LLP on

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

by Ruder Ware on

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

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

by Jackson Lewis P.C. on

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

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

Working At Home May Be A Reasonable Accommodation

by Jackson Lewis P.C. on

Working at home may constitute a reasonable accommodation according to a recent decision in Rezvan v Phillips Electronics North America Corp., Case No. 15-cv-04767-HSG (N.D. Calif.) In Rezvan, a former employee with...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

Telework Under The ADA & Other Nondiscrimination Laws

by Littler on

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

Labor and Employment Group News: Massachusetts Rehabilitation Commission Hit With Substantial Disability Discrimination Award

by Murtha Cullina on

Private employers will feel faint satisfaction in learning that a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer has lowered the boom in a disability discrimination case on a state agency servicing...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

EEOC issues new guidance on leave of absence and ADA accommodations

by McAfee & Taft on

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

The Importance of Job Descriptions

by Tucker Arensberg, P.C. on

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

Accommodations Legalese: 5 Key Terms Every Employer Should Know

It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more

Death Threats Lead To Employer's ADA Victory

by Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

by Weintraub Tobin on

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

by Shipman & Goodwin LLP on

Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the...more

6th Circuit Provides Road Map for ADA Accommodation Cases

by Miller Canfield on

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

Employers Asserting ADA Direct Threat Defense Do Not Have to Prove Actual Threat

The Americans with Disabilities Act prohibits employers from discriminating against a qualified person with a disability, or refusing to provide that person with a reasonable accommodation that would allow them to perform the...more

Lie Rejecter: Employer's Fraud Defense to Disabled Employee's Claim Fails

by Hinshaw & Culbertson LLP on

It's no secret that in formulating their defense to employment claims, employers often seek to discredit employees' allegations through the employees' own contradictory statements or positions taken. This issue arises most...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

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