Reasonable Accommodation

News & Analysis as of

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

Employment Law Navigator – Week in Review: June 2016 #4

Last week, a television reporter filed a lawsuit against her former employer alleging that she was discriminated against because she is white. The reporter was terminated following a post on her employer’s Facebook post that...more

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

School’s Out! So What’s With This Summer Employment Law Quiz?

No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has...more

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

No More Mad Men: The OFCCP Leaves its Bell Bottoms Behind and Moves into the 21st Century

Not since the 1970s has the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its Sex Discrimination Guidelines for federal contractors. With the newly issued final rule effective...more

OFCCP Issues Final Rule on Sex Discrimination

Last week, the Office of Federal Contract Compliance Programs issued its Final Rule on Discrimination on the Basis of Sex. The new regulations rescind the OFCCP’s prior Sex Discrimination Guidelines and give regulatory effect...more

Employers Must Perform Individualized Assessment to Identify Reasonable Accommodation for Disabled Employee

In Peninsula Regional Medical Center v. Tracey L. Adkins, No. 68, September Term, 2015, (Opinion by Adkins, J., May 26, 2016), (“PRMC” and “Adkins”), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”)...more

Final Gender Discrimination Rule for Federal Contractors Issued

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

Equal Employment Opportunity Commission Issues New Guidance on Women’s Rights in the Workplace

On June 14, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) participated in the White House United State of Women Summit. Coinciding with the Summit, the EEOC issued three resource documents that...more

Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent...more

Moving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination Guidelines

For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will...more

Disability Disparate Treatment Cases – Ninth Circuit Holds Employee Must Prove Actual Discrimination to Succeed

On June 7, 2016, in Alice Mendoza v. The Roman Catholic Archbishop of Los Angeles (USCA 9th No. 14-55651 (“Mendoza”), the Ninth Circuit held that under the Americans with Disabilities Act, an employee alleging disability...more

Controversial Updated Sex Discrimination Guidelines for Federal Contractors

Effective August 15, 2016, the final rule of the Office of Federal Contract Compliance Programs (OFCCP) substantively updates the existing sex discrimination guidelines for the first time since their implementation in the...more

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and...

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to...more

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Blog: OFCCP Publishes Final Rule Prohibiting Numerous Forms of Sex Bias

The Office of Federal Contract Compliance Programs (“OFCCP”) has issued revisions to the long-standing sex discrimination rules for federal contractors and published the Final Rule in the Federal Register on June 15. The...more

OFCCP Issues Revised Sex Discrimination Rules

On Tuesday, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) finalized revisions to its sex discrimination rules, bringing them in line with current Title VII jurisprudence. The current rules...more

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

How Much Disability Accommodation Leave Do You Have to Provide to Employees? Questions Remain Despite New EEOC Guidance

For some time, federal courts have concluded that granting leave to an employee may be a reasonable accommodation for a disability under the Americans with Disabilities Act (“ADA”). On May 9, 2016, the U.S. Equal Employment...more

OFCCP Issues Updated Sex Discrimination Guidelines

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) published a final rule substantially revising its prior, 1970s-era Sex Discrimination Guidelines for federal contractors and subcontractors covered...more

1,022 Results
|
View per page
Page: of 41
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×