Reasonable Accommodation

News & Analysis as of

S&B Industry to Pay $110,000 to Settle EEOC Disability Discrimination Suit

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charged - DALLAS - A Fort Worth cellphone repair facility has agreed to pay $110,000 and...more

Focus on the FMLA: Part III

Today we come to the third and final post in our series about the Family and Medical Leave Act (FMLA). We’ve tried to address FMLA issues that, in our experience, pose particular challenges for employers. Over the past two...more

Something We Said? Court Backs Off Accommodation Duty For Associational Disability

Seyfarth Synopsis: The Court of Appeal, on rehearing, has superseded a 2016 decision that employers must reasonably accommodate work restrictions because of the disabilities of the employee’s associates. The superseding...more

What is a Reasonable Accommodation under the Americans with Disabilities Act? The City of Philadelphia’s Costly Reminder to...

On July 9, 2012, David Moore filed a Charge with the United States Equal Employment Opportunity Commission (“EEOC”) (Charge No. 530-2012-02470) alleging that the City of Philadelphia failed to reassign him to a new job as a...more

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Arkansas Federal Court: Failure to Accommodate, in and of Itself, Violates the ADA

Despite the lack of a clear causal connection between an employer’s failure to grant an employee’s request for additional training and its decision to terminate her employment, an Arkansas federal district court recently...more

Employer Comes Up Smelling Like Roses in Reasonable Accommodation Case: Court Reminds Employee That She Can’t Always Get What She...

An employer’s failure to provide a fragrance-free work environment does not equate to a failure to provide a reasonable accommodation or an adverse action against an employee, according to the District Court for the Northern...more

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Let’s Talk: The Interactive Process Between Employer and Employee

An employer who is asked for a job accommodation by an employee with a disability is required to take part in what is called the interactive process under both the federal Americans with Disabilities Act (ADA) and the New...more

Accommodating Mental Health Conditions – The EEOC's Latest Guidance and Some Practical Tips for Complying with the ADA

Complying with the Americans with Disabilities Act is not an easy task. Even if an employer does the document dance correctly, determining whether an accommodation is reasonable can be a tough call. Reasonable people can...more

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

Canada: Ontario Human Rights Commission Releases Policy Statement on Medical Documentation and Disability-Related Accommodation...

On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a new policy statement on medical documentation and disability-related accommodation requests. Under the Ontario Human Rights Code (the...more

CAS Legal Mailbag Question of the Week – February, 2017 #2

Dear Legal Mailbag: I am a Section 504 coordinator working with a difficult family regarding accommodations they are asking to be placed in their child’s 504 plan. This 5th grade student is allergic to peanuts and tree...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

EEOC Explains Workplace Rights For Employees With Mental Health Conditions

Late last year, the Equal Employment Opportunity Commission (EEOC) issued a “resource document” aimed at employees entitled “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights.” While the...more

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

Employer Failure to Provide Reasonable Accommodations for Migraines Results in Legal Headaches

In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”). Alleged by Plaintiff was that her...more

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Episode 07: "Next Gen" Reasonable Accommodations And Disability Law Trends [Audio]

Matt welcomes BNP Paribas NYC Senior Employment Counsel Thomas Mullins and Akerman Los Angeles Partner Rachel Schumacher (covering both coasts!) to discuss disability discrimination trends and the potential next wave of...more

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as...

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a...more

Unclear crystal ball: What might 2017 hold for employers?

In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an...more

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such...more

1,187 Results
|
View per page
Page: of 48
Popular Topics

"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.
×