News & Analysis as of

Interactive Process Discrimination

Sherman & Howard L.L.C.

Interactive Process Remains Key To Prevailing On ADA Claims

In Thompson v. Microsoft, No. 20-50218 (June 22, 2021), the Fifth Circuit provided employers a great reminder of the importance of the interactive process when it affirmed summary judgment for the employer, Microsoft, on...more

Epstein Becker & Green

New Disability Discrimination Guidance Sheds Light on New York City’s “Cooperative Dialogue” Requirements

Epstein Becker & Green on

The New York City Commission on Human Rights (“Commission”) recently issued a 146-page guide titled “Legal Enforcement Guidance on Discrimination on the Basis of Disability” (“Guidance”), to educate employers on their...more

McAfee & Taft

Employee who quit during interactive process cannot pursue ADA claim

McAfee & Taft on

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability....more

Franczek P.C.

Supervisor’s Failure To Engage In Interactive Process With Disabled Employee May Convert Employee’s Resignation Into Constructive...

Franczek P.C. on

In a case recently decided under the Americans with Disabilities Act (ADA)—Suvada v. Gordon Flesch Company, Inc.—a federal district court in Chicago allowed a production clerk’s claim for constructive discharge against her...more

Nossaman LLP

Did You Know…New Regulations Released Governing Disability Discrimination In California

Nossaman LLP on

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable...more

FordHarrison

Legal Alert: California Expands Protections For Disabled Employees

FordHarrison on

Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Littler

California Adopts New Disability Discrimination Regulations

Littler on

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

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