Interactive Process

News & Analysis as of

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

Employers Must Perform Individualized Assessment to Identify Reasonable Accommodation for Disabled Employee

In Peninsula Regional Medical Center v. Tracey L. Adkins, No. 68, September Term, 2015, (Opinion by Adkins, J., May 26, 2016), (“PRMC” and “Adkins”), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”)...more

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

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

EEOC Issues New Publication on Leave as Accommodation Under ADA

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new...more

EEOC Issues New Resource Regarding Leave as a Reasonable Accommodation

On May 9, 2016, citing a “troubling trend” gleaned from the surge in disability charges that it has received in recent years, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new resource document...more

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

Clearly Defining the Essential Functions of the Job Can Make or Break Your ADA Case

As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Employee’s Failure to Participate in Interactive Process in Good Faith is Fatal to ADA Accommodation Claim, Says Washington...

The Western District of Washington recently emphasized that the obligation under the Americans with Disabilities Act (“ADA”) to engage in good faith interactive dialogue when seeking an accommodation that will permit an...more

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...more

Is Telecommuting a Reasonable Accommodation?

Employers are often asked to allow an employee to telecommute as a reasonable accommodation for a disability. Should employers always grant such requests? What considerations come into play? Here’s a checklist to help...more

Fourth Circuit Says Driving May Not Be Essential Job Function for Traveling Salesperson

Most employers would assume that a traveling salesperson who could no longer drive due to a medical condition cannot perform the essential functions of her job. The Americans with Disabilities Act only requires accommodations...more

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant to Liability

Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities. On...more

Ill Will Not Required – Court Finds Disability Discrimination Even Where Employer Acted In Good Faith

On February 25, 2016, the Court of Appeal for the Fifth Appellate District held that employees can prove disability discrimination without having to show the employer acted intentionally or in bad faith. The Court held that...more

California Court Finds Duty to Accommodate Does Not Extend to Off-Site Employees Who Fail to Engage in Interactive Process

In this era of rapidly evolving technology, information technology (IT) providers frequently staff their employees at locations where their products are being used. IT providers supply their skilled talent to businesses in...more

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

Best in Law: Dealing with Traumatized Workers

All of us in Southern California’s Inland region were touched by the tragedy that unfolded on Dec. 2 in San Bernardino. The effects of the shooting are not limited to the 14 who were killed or the 22 who were injured...more

Labor & Employment News - Rare Employer Win After Public Hearing at the MCAD: But "What is the Price of Victory?

Having cases before the Massachusetts Commission Against Discrimination (MCAD) can be a very frustrating experience for employers. After a complaint is filed, the employer must file a position statement and then attend an...more

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

Will A Court Think You Are Naughty or Nice This Holiday Season?

Religious discrimination cases have been all over the headlines in 2015. The most recognizable case involves Kim Davis, the Kentucky county clerk who refused to issue marriage licenses in protest of the legalization of...more

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Extra Paperwork Triggers EEOC to File ADA Suit in South Carolina

The EEOC recently filed a disability discrimination suit in a South Carolina federal court (Equal Employment Opportunity Commission v. Correct Care Solutions, LLC). The complaint alleges that Correct Care Solutions, LLC,...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the...more

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