News & Analysis as of

Interactive Process

Hiring Best Practices: 5 DO's and DON’Ts When a Job Applicant Announces a Pregnancy

Want a road map for how not to react to a successful job applicant who announces her pregnancy immediately after receiving an offer letter? Look at the reaction of one prospective employer in Florida who recently settled a...more

Refusal to Rescind a Voluntary Resignation is not an Adverse Employment Action

by Low, Ball & Lynch on

Ruth Featherstone v. Southern California Permanente Medical Group - California Court of Appeal, Second Appellate District (April 19, 2017) - Plaintiff alleged that while working for Southern California Permanente...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

NC Court of Appeals Says Attempted ADA Accommodation Can Be Terminated Based on Effects on Coworkers

The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...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 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

Can Fido Come to Work? EEOC Files Suit to Require Emotional Support Dog on Truck Route

It’s true. The U.S. Equal Employment Opportunity Commission (EEOC) is taking the position that an emotional support animal may be a required reasonable accommodation in the workplace. In January, we explained that federal...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

Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability

by Jackson Lewis P.C. on

When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs...more

7 Takeaways from the EEOC’s Guidance on Mental Health Conditions

by Fox Rothschild LLP on

A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise...more

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

by Jackson Lewis P.C. on

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently...more

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

by Jackson Lewis P.C. on

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...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

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

by Fisher Phillips on

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

No medical report means no accommodation

by McAfee & Taft on

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...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

Federal Court Dismisses Muslim Employee’s Failure to Accommodate Suit

by Jackson Lewis P.C. on

In Bob v. Madison Security Group, Inc., the United States District Court for the Southern District of New York dismissed a failure to accommodate claim brought by a former employee under Title VII and New York State and City...more

ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal

by Fox Rothschild LLP on

The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by...more

EEOC Continues to Slam the Brakes on Employer Dress Code Policies

Nearly all employers maintain a dress code, oftentimes for different reasons. For example, service employees may be required to wear uniforms so that customers can easily identify them. Likewise, construction and...more

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

by Fisher Phillips on

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes

by Fox Rothschild LLP on

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability...more

The Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?

In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on...more

Employer Had Implied Knowledge of Employee's Need for ADA Reasonable Accommodation

Since the inception of the Americans with Disabilities Act, the Equal Employment Opportunity Commission has taken the position that employees can trigger the Act’s reasonable accommodation obligations without having to ask...more

Silence May Not Be Golden When It Comes to the ADA’s Interactive Process

by Shipman & Goodwin LLP on

My colleague Gary Starr sits next to my office and sometimes we bounce ideas off each other. One of the things we were talking about recently was a new case that discussed an employer’s obligations to enter into the...more

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