Reasonable Accommodation

News & Analysis as of

ADA Claim Brought by Claustrophobic Attorney Allowed to Proceed

When the Americans with Disabilities Act definition of "disability" was expanded by the ADA Amendments Act of 2008, we told you to expect an increase in accommodation requests and disability discrimination claims. Many of you...more

New Protections for Pregnant Employees Set to Take Effect in the District of Columbia

Employers in the District of Columbia will soon be required to provide reasonable workplace accommodations to employees whose ability to perform the functions of their positions are limited as a result of pregnancy,...more

Keyboard Options for Injured Workers with CTS or Other Hand Injuries

I asked Laurie Clemens, director of the Professional Institute of Technology & Accounting (PITA)  here in Las Vegas, what keyboard options she has tried when retraining injured workers with hand or arm injuries that make...more

New District of Columbia Pregnancy Accommodation Statute to Become Effective on March 3, 2015

Barring adverse congressional review, the District of Columbia’s Protecting Pregnant Workers Fairness Act of 2014 (PPWFA) will become effective on March 3, 2015. The new statute gives pregnant workers significantly broader...more

Employer Is Not Required To Eliminate An Essential Job Function In Order To Reasonably Accommodate Disability

In Nealy v. City of Santa Monica, 2015 WL 632228, the Second District Court of Appeals held that an injured worker was properly denied the right to return to work where he was unable to perform essential functions of his job...more

Reasonable Accommodation and the Interactive Process—an Employer Prevails

An employer’s obligation to engage in the interactive process and to provide a reasonable accommodation to a qualified disabled employee as required by the Fair Employment and Housing Act is no simple task. More often than...more

Texas Supreme Court grants review in seven cases (2/15)

The seven cases include issues about the following topics: - breach-of-contract issues under a gas-purchase agreement - applicability of the open-records laws to a nonprofit entity ...more

Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit

Keller Store Manager Was Harassed and Fired Because of His Age and Denied Accommodation for His Diabetes, Federal Agency Charged - DALLAS - Wal-Mart Stores of Texas, L.L.C. (Wal-Mart) has agreed to pay $150,000 and...more

California Court Of Appeal Finds The City Of Santa Monica Was Not Required To Eliminate Essential Job Functions To Accommodate...

The California Court of Appeal for the State of California, Second Appellate District upheld the City of Santa Monica's ("City") award of summary judgment in Nealy v. City of Santa Monica (Cal. Ct. App., Jan. 21, 2015,...more

Fenwick Employment Brief - February 2015

On Premises, On-Call Time Compensable; Sleep Time Not Excluded - Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The District of Columbia recently joined twelve other states that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy. The Protecting Pregnant Workers Fairness Act (the “Act” or...more

Reasonable Accommodation of a Disability Does Not Require Elimination of an Essential Job Function

The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The...more

Texas court rules disabled employees must ask for accommodations

What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in...more

Employee Refusing to Provide SSN Has No Religious Discrimination Claim

Title VII of the Civil Rights Act requires employers in some situations to accommodate employees’ and applicants’ religious beliefs and practices by varying policies and procedures of general applicability. However, as...more

Applicant Can’t Claim Religious Bias After Refusing to Give "Mark of the Beast"

Many employers are convinced that the law requires them to accommodate almost every religious belief that an applicant or employee may have. The law actually does not go quite that far. In fact, one federal court of appeals...more

DOL Issues Proposed Regulatory Changes To Sex Discrimination Rules For Federal Contractors

The United States Department of Labor (USDOL) has begun what is expected to be a year filled with regulatory changes by issuing its proposed new regulations regarding sex discrimination by federal contractors, which have not...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2015

HIPAA in the Workplace - In late 2013, the Office of Inspector General issued a report critical of the Office of Civil Rights’ enforcement of the Health Insurance Portability and Accountability Act. OCR enforcement of...more

Expert Medical Evidence Is Required to Prove Accommodations Offered Were Not Reasonable, New Jersey Appellate Division Holds

In a precedential opinion, the New Jersey Appellate Division rejected an agoraphobic plaintiff’s claim under the New Jersey Law Against Discrimination (LAD) for failure to provide a reasonable accommodation. The court held...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

Religious Accommodations: May Be Required by Law, Unless the Request is Unlawful

Several weeks ago, the EEOC secured a jury verdict of $150,000 in compensatory damages against an employer for failure to accommodate an employee’s religious objection to a workplace rule. But last week, the Sixth Circuit...more

No Second Bite for Prayer Claims

Neither the EEOC nor Muslim employees at a Nebraska meatpacking plant will be able to pursue individual claims that their employer failed to accommodate prayer practices. In a long running dispute, the EEOC filed suit against...more

Employment Law - February 2015

No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands - Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more

Supreme Court to Determine If Employers Must Provide Accommodations for Pregnant Workers

Women account for 57.2% of the American workforce and are increasingly working throughout their pregnancies. While most pregnant women require no changes in their jobs, some — particularly those with physically demanding...more

Drug Testing: Dot Every "i" and Cross Every "T" -

It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more

Every Dog Has His Day – Even at Work

Some start-ups are already doing it. And, other companies are considering the cost-benefit analysis of allowing employees to bring their pets to work. However, much like an unfamiliar dog, pet policies have to be handled...more

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