Reasonable Accommodation

News & Analysis as of

Telework Under The ADA & Other Nondiscrimination Laws

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

Don’t Lose Sleep Over It…Yet

Seyfarth Synopsis: Do employers have to let employees sleep on the job as a reasonable accommodation for a disability? While far from being decided, a recent federal case in the Southern District of New York addresses the...more

To Accommodate or not to Accommodate: How to Know if Your Employee Actually Requested a Reasonable Accommodation

A divided federal appeals court recently reminded employers that an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) need not be explicit in order to invoke the interactive...more

How does Pennsylvania’s new medical marijuana law compare to NJCUMMA?

Recently, I participated in a panel discussion for the Greater Lehigh Valley Chamber of Commerce’s 2016 Healthcare Summit. The discussion focused on the workplace implications of Pennsylvania’s medical marijuana law, which...more

McDonald's to Pay $56,500 to Settle EEOC Disability Discrimination Suit

Belton, Mo., Eatery Refused to Interview Deaf Applicant, Federal Agency Charged - ST. LOUIS -- McDonald's Corporation and McDonald's Restaurants of Missouri will pay $56,500 and furnish other relief to settle a...more

Quebec Court Rules for Safety over Religion

In a recent Quebec case, Sikh plaintiffs sought to be exempt from the requirement to wear a helmet when, in the exercise of their truck driver trade, they left their truck in terminals operated by the defendants in the Port...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Extended Leave Under the ADA: Necessary Next Steps to Consider

Earlier this summer, I wrote an article for the July issue of our firm's L&E Newsletter, surveying cases on when an employee's request for extended medical leave is, and is not, a reasonable accommodation under the ADA. As...more

Five Holiday Season Tips for Retail Landlords - Updated

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

Obesity and the Americans With Disabilities Act

Earlier this week, the Supreme Court denied a petition for review from a case holding that morbid obesity, without an underlying physiological condition, is not a “disability” under The Americans With Disabilities Act (ADA)....more

Gambling With The EEOC

Seyfarth Synopsis: A seemingly innocuous case filed by the EEOC on behalf of a single charging party against a casino operator highlights some of the risks of betting at the conciliation table. Employers take note! As...more

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

The “Onionhead” Case: Fringe Beliefs And Reverse Religious Discrimination By Employers

Onionhead is this incredibly pure, wise and adorable character who teaches us how to name it – claim it – tame it – aim it. He wants everyone to know how they feel and then know what to do with those feelings. He helps us...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

7-Eleven Sued By EEOC for Disability Discrimination

Oklahoma Chain Unlawfully Denied Reasonable Accommodations to Workers with Disabilities and Fired Them, Federal Agency Charges - ST. LOUIS - Brown-Thompson General Partnership, dba 7-Eleven, a chain of Oklahoma...more

Morbidly Obese Employee Entitled to Leave of Absence As Reasonable Accommodation

A case decided by a Massachusetts Commission Against Discrimination Hearing Officer on September 21, 2016 serves as a reminder that, even if an employee is not entitled to paid time-off, granting leave for medical reasons may...more

What qualifies as a ‘request for accommodation’ under the ADA?

Reasonable Accommodations - According to the Equal Employment Opportunity Commission (EEOC), “Title I of the Americans with Disabilities Act of 1990 [ADA] . . . requires an employer to provide reasonable accommodation to...more

Men without hardhats: where freedom of religion loses out to workplace safety

Freedom of religion and the duty to accommodate within the workplace context is a highly important issue in Québec given the discrimination provisions of the Canadian Charter of Rights and Freedoms as well as the Québec...more

EEOC Small Business Resource Center: Two thumbs up!

I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great. Small businesses, which may be just...more

Disability Discrimination and Protection of Pay

In G4S Cash Solutions (UK) Ltd v Powell UKEAT/0243/15, the Employment Appeal Tribunal (EAT) considered whether reducing an employee’s pay amounted to disability discrimination. Mr Powell could longer perform his role as...more

EEOC Continues its “Fight” Against Mandatory Flu Vaccines

Following up on a post from last week on the issue of mandatory flu vaccine policies, the EEOC seems to be on a march to challenge any employer – particularly hospitals – that denies an employee a requested exemption from a...more

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

EEOC Sues M&T Bank for Disability Discrimination

Bank Fired Manager Instead of Accommodating Her Disability, Federal Agency Says - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, violated federal law when it refused to provide a...more

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