Interactive Process

News & Analysis as of

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

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

EEOC Sues Windstream for Disability Discrimination

Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...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

Your Compliance Toolbox: 7 Tips for a Successful Interactive Process

Dealing with issues related to accommodation requests at work can be a daunting task—even for the most seasoned HR or legal professional. The path to a successful interactive process and a meaningful analysis of an...more

Americans with Disabilities Act: Focusing on Reasonable Accommodations

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

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

Quirky Question #263, My Supervisor is Stressing Me Out!

Question: We have an employee who claims she has a mental disability involving stress and anxiety caused by working with her supervisor, and she has asked for a different supervisor as an accommodation. This doesn’t seem to...more

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

Heads or Tails? New Guidance from the Supreme Court Nearly Flips Religious Accommodations Law on Its Head

Arabic businesswoman in officeOn Monday, June 1, 2015, the United States Supreme Court held that an employer may not refuse to hire an applicant if the need for a religious accommodation was a motivating factor in the...more

Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

The Ever-Broadening Definition of “Disability” Under the ADA Remains a Source of Anxiety for Employers

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long...more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

EEOC has defined “ability to interact with others” as a major life activity, making social anxiety disorder a disability under the...

An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her...more

6th Circuit Provides Road Map for ADA Accommodation Cases

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

Employee Survives Summary Judgment with Self-Serving Testimony

In Nigro v. Sears, Roebuck and Co., (No. 12-57262, filed 2/25/15, amended 4/10/15) (Nigro), the United States Court of Appeals for the Ninth Circuit held a self-serving declaration can be sufficient to create a genuine issue...more

The Interactive Process Dance, Part Two: What Happens When the Music Stops?

Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate on an accommodation to...more

The Interactive Process Dance, Part One: What Happens When the Music Stops?

Introduction - California employers are not only required to refrain from discriminating against any employee on the basis of disability, but they also have an obligation to provide “reasonable accommodations” for...more

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