Reasonable Accommodation

News & Analysis as of

Medical Marijuana in HUD-Assisted Properties: Update Since HUD’s January 2011 Memorandum

The U.S. Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I Controlled Substance, which recognizes no medical use. In January 2011, the U.S. Department of Housing and Urban Development (HUD) issued an...more

Supreme Court Update: Comptroller v. Wynne (13-485) And San Francisco v. Sheehan (13-1412)

We're back with the two remaining decisions from Monday, Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412), two split decisions featuring strange bedfellows. The Justices' philosophical differences...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

Supreme Court Decides City and County of San Francisco v. Sheehan

On May 18, 2015, the United States Supreme Court decided City and County of San Francisco v. Sheehan, No. 13-1412, holding that police officers were entitled to qualified immunity against a constitutional claim based on...more

Baker Concrete to Settle EEOC Disability Case

Company Discharged Employee With Asthma After Refusing Her a Reasonable Accommodation, Federal Agency Charged - HOUSTON - Baker Concrete Construction, a construction company located in Houston, will pay $58,000 and...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

Sixth Circuit Reverses its Decision on Telecommuting as an ADA Accommodation

Telecommuting is becoming increasingly common as technology allows workers to be ever more “present” in the workplace without actual physical presence. With this trend, the question of telecommuting as a reasonable Americans...more

Sixth Circuit Sides with Ford Motor Company in ADA Telecommuting Case

Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...more

SCOTUS Provides Clarity for Courts Analyzing Lawsuits Brought Under Pregnancy Discrimination Act

Last March, the Supreme Court of the United States issued a ruling in Young v. UPS that clarified the framework for courts to analyze discrimination lawsuits based upon the Pregnancy Discrimination Act of 1978. ...more

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA. I wanted to...more

The ‘interactive process’ for handling work restrictions during pregnancy

Our first segments in our six-part series on pregnancy in the workplace focused on how the ADA, FMLA and PDA apply in the workplace to employees before, during, and after pregnancy and child birth. In this segment, we narrow...more

City of Marysville, Washington Defeats RLUIPA, RFRA, and Fair Housing Claims

In Holy Ghost Revival Ministries v. City of Marysville (W.D. Washington), the U.S. District Court for the Western District of Washington considered claims of religious discrimination brought by Holy Ghost Revival Ministries...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

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

When Is Telecommuting a Reasonable Accommodation Under the ADA?

Earlier this month, the Sixth Circuit Court of Appeals shared its perspective on this question and held that telecommuting was not a reasonable accommodation for an employee where her essential job duties required regular and...more

Liberty Chrysler Dealership Sued by EEOC for Disability Discrimination

Saleswoman Discharged Due to Multiple Sclerosis, Federal Agency Alleged - RENO, Nev. -- Nevada-based dealership Liberty Chrysler, Jeep, Dodge LLC violated federal law when it fired an employee diagnosed with multiple...more

EEOC Commissioner Provides Helpful Guidance to Employers on Providing Accommodations to Pregnant Employees

Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace.  Our presentation...more

Supreme Court Issues Decision Regarding Accommodation of Pregnant Employees

On March 25, 2015, the United States Supreme Court issued an important decision in the case of Young v. UPS, involving a claim of failure to accommodate in violation of the Pregnancy Discrimination Act (PDA). The PDA, which...more

Supreme Court Sheds Light on the Pregnancy Discrimination Act

The United States Supreme Court recently provided a framework to evaluate whether an employer has violated the Pregnancy Discrimination Act (PDA) under Title VII by failing to accommodate an employee who has a...more

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

Labor & Employment E-Note - April 2015

In This Issue: - Employment Law Update After Young v. United Parcel Service, Inc. - Excerpt from Employment Law Update After Young v. United Parcel Service, Inc.: A pregnant employee walks into your...more

Maryland Passes Bill Protecting Interns From Employment Discrimination

On April 14, 2015, an act protecting interns in Maryland from employment discrimination officially became law. As of October 1, 2015, employers are prohibited from discriminating against interns with respect to the terms,...more

EEOC Issues Proposed Regulations on Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In...more

ADA “Direct Threat” Defense Just Got a Little Easier

The rights and protections afforded to those with disabilities by the Americans with Disabilities Act (“ADA”) are not without limitations. Accommodations for disabled employees must be reasonable, and the employee must still...more

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