Reasonable Accommodation Disability

News & Analysis as of

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

Emory University Hospital Sued By EEOC for Disability Discrimination

Hospital Failed to Provide a Reasonable Accommodation to an Employee After Emergency Surgery, Federal Agency Charges - ATLANTA - Emory University Hospital, which operates in midtown Atlanta, violated federal law by...more

New Protection For Pregnant Employees

For decades, the Rhode Island Fair Employment Practices Act has protected pregnant employees from termination or other adverse job action on account of pregnancy. Now, the Rhode Island General Assembly has taken pregnancy...more

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...more

Accommodations Legalese: 5 Key Terms Every Employer Should Know

It’s true in other areas of employment law as well, but in the world of disability discrimination law there are numerous phrases that have taken on special meaning and become true terms of art. Even those who are well-versed...more

[Event] Retail Best Practices: Accommodating Disabilities with Acumen, Protecting Data with Diligence, and Avoiding Class Actions...

Topics covered will include: Accommodating Disabilities in The Retail Work Environment: A discussion of recent developments under the employment provisions of the Americans with Disabilities Act impacting...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Inability to Work Under A Particular Supervisor Is Not a Disability in California

In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an...more

California Amends FEHA, Protecting Accommodation Requests

On July 16, 2015, California’s Governor Jerry Brown signed a bill amending the California Fair Employment and Housing Act (FEHA), adding protections for workers who request accommodations for disabilities or religious...more

When Cancer Strikes: When Happens AFTER You Run Out of Paid Time Off

I’d much rather write about a legal topic than a personal one, but before I talk about the logistics of handling an employee who has exhausted their paid time off, I wanted to share a brief personal update. Last...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of...more

[Webinar] Americans with Disabilities Act: Reasonable Accommodations Process and Handling Requests Properly - August 25, 1:00pm...

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

DOL and EEOC Offer Insight into How They Will Approach FMLA and Reasonable Accommodation Enforcement

This week, I had the pleasure of presenting with Department of Labor and EEOC officials on key developments out of Washington with respect to leave management and accommodations.  Our presentation was part of the...more

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage...more

Quirky Question #263, My Supervisor is Stressing Me Out!

Question: We have an employee who claims she has a mental disability involving stress and anxiety caused by working with her supervisor, and she has asked for a different supervisor as an accommodation. This doesn’t seem to...more

Recent Federal Appellate Decisions Acknowledge Limits on Employer’s Obligation to Engage in ADA Interactive Process

Employers are generally aware of the obligation under the Americans with Disabilities Act to engage in an “interactive process” with employees who require accommodations in order to perform their duties, but identifying the...more

New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

The U.S. Department of Transportation ("DOT") has issued new rules effective July 13, 2015 requiring transportation entities to modify their operating practices in certain circumstances to accommodate disabled passengers....more

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

Colorado Decision Shows Continuing Tension Between Legal Marijuana and Employer Drug Testing

Last week, the Colorado Supreme Court rejected the claim of a quadriplegic employee terminated for testing positive for marijuana. In Coats v. Dish Network, LLC, the plaintiff possessed a valid medical marijuana card issued...more

When is enough, enough? Managing difficult employees in the human rights context

Not surprisingly, employers seek to hire individuals who will perform the duties of their job diligently, honestly and faithfully. Unfortunately, instances can occur where employers find themselves facing an unmotivated...more

Taking the Stress Out of Employee Claims of Disability Caused by the Stress of Working for a Particular Supervisor

Navigating an employee’s claim of stress-related disability continues to challenge employers. Recently, the California Court of Appeal provided helpful guidance for employers when an employee claimed to be unable to work...more

EEOC v. Abercrombie & Fitch Continued: Did the Supreme Court Pave the Way for ADA Claims Based on Nonobvious Disabilities?

Earlier this month, the Supreme Court decided EEOC v. Abercrombie & Fitch, a Title VII case involving religious discrimination. While the case did not directly involve the Americans with Disabilities Act (ADA), the...more

189 Results
View per page
Page: of 8

"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*

*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.