News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act

EEOC Sues Rivers Casino for Firing Employee Who Needed Time Off for Cancer Treatment

Casino Violated the Americans with Disabilities Act by Refusing Time Off for Cancer Surgery, Federal Agency Charges - CHICAGO - Rivers Casino in Des Plaines violated federal law prohibiting disability discrim­ination by...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Employers Should Engage In The Interactive Process Even If They Believe The Employee Is Not Qualified.

by Jackson Lewis P.C. on

Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse to discuss an accommodation because...more

The Interactive Process Is a Two-Way Street: Ninth Circuit Finds Employee’s Inadequate Effort Doomed ADA Claim

“Once an employer becomes aware of the need for accommodation, that employer has a mandatory obligation under the ADA to engage in an interactive process with the employee to identify and implement appropriate reasonable...more

EEOC Sues Wynn Las Vegas for Disability Discrimination

Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged - LAS VEGAS - The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating...more

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

River Region Medical Center to Pay $100,000 To Settle EEOC Disability Discrimination Suit

Vicksburg Health Care Provider Fired 36-Year Employee Over Shoulder Surgery Recovery Issues, Federal Agency Charged - BIRMINGHAM, Ala. -- Vicksburg Healthcare, LLC, dba River Region Medical Center, which provides inpatient...more

Two Weeks Until New Protections for Pregnant Employees Become Effective

by Shipman & Goodwin LLP on

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT...more

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

by Murtha Cullina on

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a...more

Nevada’s Pregnant Workers’ Fairness Act Becomes Effective October 1, 2017: What Employers Need To Know

by Payne & Fears on

Nevada’s Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees for conditions related to pregnancy, childbirth, or a related medical condition. The NPWFA takes effect on October...more

Not Giving Employees Something (Namely a Discrimination Complaint) To Talk About

by Shipman & Goodwin LLP on

There’s an old(?) Bonnie Raitt song that my parents used to listen to when I was in college called “Let’s Give Them Something to Talk About”. It’s about a crush, but the intro could be just as applicable to a new court...more

Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections For Pregnant Employees

by Jackson Lewis P.C. on

Washington recently enacted new workplace accommodation protections for pregnant employees. The Healthy Starts Act (RCW 43.10.005):- Applies to employers of 15 or more employees. ...more

EEOC Sues Blood Bank of Hawaii For Disability Discrimination

Employees With Disabilities Fired for Needing Additional Leave, Federal Agency Charges - HONOLULU, Hawaii - Blood Bank of Hawaii violated federal law when it refused to provide reasonable accommodations for and then fired...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

ADA Compliance Challenges: Navigating The Over-Accommodation Conundrum

by Jackson Lewis P.C. on

Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the...more

Are maximum leave policies legal?

by Nexsen Pruet, PLLC on

An employer has agreed to pay $2 million to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), according to the EEOC and court records. ...more

Federal Court Again Says Telecommuting Not Acceptable Substitute for Being at Work

Employers continue to face disability discrimination claims from employees who argue that their medical conditions give them a right to work from home as a reasonable accommodation under the Americans with Disabilities Act...more

Washington’s New Healthy Starts Act Requires Employers to Provide Reasonable Accommodations to Pregnant Workers Absent the Showing...

by Littler on

Washington’s legislature recently passed a new Healthy Starts Act (the “Act”), which places significant obligations on Washington employers with respect to pregnant employees. These new obligations are not otherwise required...more

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...more

Summary Judgment Denied For Employer Who Circulated Letter About Employee’s Disability Discrimination Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employer circulated a letter to 146 employees discussing an employee’s EEOC Charge that alleged discrimination on the basis of his disability in violation of the ADA, a federal district court in...more

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs

by K&L Gates LLP on

This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more

DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)

In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more

Dogged by Dogs at Work: Barking Up the Wrong Tree?

by Akerman LLP - HR Defense on

Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction?...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

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