News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Temporary Employees

Amundsen Davis LLC

OSHA Releases COVID-19 Vaccination and Testing Rule for Private-Sector Workers

Amundsen Davis LLC on

The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have...more

McAfee & Taft

Vague, open-ended medical leave denied

McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

BCLP

Temps in Tenth Circuit Face Stricter Scrutiny When Seeking Time Off as Reasonable Accommodation

BCLP on

On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more

Littler

Tenth Circuit Affirms Staffing Company Win in Reasonable Accommodation Suit

Littler on

In Punt v. Kelly Services, the Tenth Circuit Court of Appeals unanimously held that a temporary employee’s request for an undetermined leave of absence was not a reasonable request for accommodation under the Americans with...more

Jackson Lewis P.C.

Who’s Responsible For Providing Disability-Related Workplace Accommodations To Temporary Employees?

Jackson Lewis P.C. on

Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation? The staffing agency and the business could both be responsible if they...more

McGuireWoods LLP

Request for Leave Not a Reasonable Accommodation for Temporary Employee

McGuireWoods LLP on

In a decision with important ramifications for temporary staffing agencies and employers that use their services, the 10th U.S. Circuit Court of Appeals has held that the Americans With Disabilities Act (ADA) does not entitle...more

McAfee & Taft

Medical exam results and tasks actually performed

McAfee & Taft on

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more

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