Reasonable Accommodation, ADA, Disability

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

by Charlotte Wolfe | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/28/2013

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

by Pat Gillette, Aubry Holland, Kristen Jacoby | Orrick - Global Employment Law Group on 2/27/2013

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”

by David Zins | Morrison & Foerster LLP on 2/26/2013

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/22/2013

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

by U.S. Equal Employment Opportunity Commission... on 2/21/2013

Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

by Michael Gamboli, Kimberly McCarthy, Alicia Samolis | Partridge Snow & Hahn LLP on 2/13/2013

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

California Adopts New Disability Discrimination Regulations

by Diane L. Kimberlin | Littler on 2/13/2013

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

Third Parties Don't Absolve Employers From ADA Obligations

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 2/8/2013

Employers in the 6th Circuit (Michigan, Ohio, Kentucky and Tennessee) should carefully consider the advice and opinions of third parties on whether an applicant can perform a job before withdrawing a conditional job offer, as...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

by Jeff Weintraub | Fisher & Phillips LLP on 2/6/2013

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Deaf Lifeguard Might Be Qualified To Notice Emergency Signs For Help

by Kyle P. Konwinski | Varnum LLP on 2/5/2013

Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments...more

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 2/1/2013

Company Refused to Accommodate Employee With Joint Condition And Then Fired Her, Federal Agency Charged - BIRMINGHAM, Ala. - America's Thrift Stores of Alabama, Inc. will pay $50,000 and furnish other relief to settle...more

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

by Kendra Berner | Franczek Radelet P.C. on 1/31/2013

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

Pregnancy Discrimination Law Update

by Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 1/29/2013

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

Act Now Advisory: DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the ADA -...

by Andrea Calem, Frank C. Morris, Jr. | Epstein Becker & Green, P.C. on 1/25/2013

A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more

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Reasonable Accommodation › ADA › Disability