Hiring & Firing Reasonable Accommodation

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Workplace Protections Expanded for Job Applicants and Pregnant Employees in Illinois

On Tuesday, Illinois Governor Pat Quinn announced he signed the Law to Stop Discrimination Against Pregnant Women in the Workplace and thereby expanded workplace protections to job applicants and employees experiencing...more

Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's...more

No Coach Necessary for Potty-Mouth Employee

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

PDA and Young: Pregnancy Discrimination Law to Break from Its Infancy

On the heels of the Hobby Lobby decision in late June, the Supreme Court has signaled that women’s health issues in the workplace will continue to be a central issue by granting a petition for certiorari in Young v. United...more

Employment Law: The Devil is in the Details

Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

Does an Employer Have an Obligation to Provide Accommodations to Pregnant Employees? Don't Follow This Employer's Lead

Ena Wages served as a property manager for one of several apartment complexes owned by Stuart Management Corp. She began her employment on November 17, 2008, and this is significant under the FMLA because nearly one year...more

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

Tenth Circuit Upholds Employer’s Inflexible Leave Policy

Equal Employment Opportunity Commission (EEOC) guidance provides that employers violate the Americans with Disabilities Act (ADA) by enforcing inflexible policies with specified leave limits. The EEOC has filed lawsuits...more

Fifth Circuit Finds Attendance to be Essential Job Function

In recent years, the Equal Employment Opportunity Commission has taken the position that regular job attendance may not be an essential job function under the Americans with Disabilities Act. Under the ADA, employers are...more

Extended Leave Not a Reasonable Accommodation under the Rehabilitation Act, 10th Circuit Holds

A recent appellate court ruling may affect the ability of the Equal Employment Opportunity Commission (EEOC) to challenge "inflexible" employer leave policies, policies that result in the termination of employees who are...more

Lifecare Medical Services to Pay $72,500 to Settle EEOC Disability Lawsuit

Employee With MS Denied Accommodation and Fired, Federal Agency Charged - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, will pay $72,500 and provide other relief in order...more

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

Employment Law - May 2014

Telecommuting May Constitute A Reasonable Accommodation Under The ADA - Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more

Minnesota Enacts the Women’s Economic Security Act Imposing Many New Obligations On Employers

On Sunday, May 11, 2014, Governor Mark Dayton signed into law a package of bills dubbed the Women’s Economic Security Act (“WESA”), which will have significant implications for Minnesota employers. Many of WESA’s provisions...more

What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan? ...more

EEOC Sues AutoZone for Fourth Time for Violating Americans with Disabilities Act

Federal Agency Charges Giant Auto Parts Retailer Failed to Accommodate Disability-Related Absences of Employees, Retaliated Against Employee for Protesting - CHICAGO - AutoZone, Inc. violated federal law when it...more

Are Employers Required to Accommodate Theft under the ADA?

Reasonable accommodation of employee misconduct is not a new issue. But an unusual twist in a recent court ruling may require employers to accommodate employee theft under the Americans with Disabilities Act (ADA)....more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Sneakers Corp / Just Sneakers to Pay $18,000 to Settle EEOC Disability Lawsuit

Legally Blind Veteran Denied Accommodation and Fired, Federal Agency Charged - BIRMINGHAM, Ala. - The Sneakers Corporation, doing business as Just Sneakers, Inc., will pay $18,000 and furnish other relief to settle a...more

Employment Law Blog: Complying with the ADAAA

The Amended Americans with Disabilities Act has greatly expanded the definition of “disability.” Under the ADAAA and its regulations, disability is defined as “a physical or mental impairment that substantially limits one or...more

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