News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Split of Authority

Dorsey & Whitney LLP

Are Employers Required to Make Commuting Accommodations under the Americans with Disabilities Act?

Dorsey & Whitney LLP on

The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim

Under the Americans with Disabilities Act (ADA), “[n]o covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

Parker Poe Adams & Bernstein LLP

Supreme Court Declines Review of Seventh Circuit ADA Leave Decision

Last year, we reported a Seventh Circuit Court of Appeals decision establishing a rule that leave of more than a few weeks in duration falls outside employers’ reasonable accommodation obligations under the Americans with...more

Ruder Ware

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job - But What About...

Ruder Ware on

Earlier this month, the United State's Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph's Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the...more

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