News & Analysis as of

Reasonable Accommodation Disability Americans with Disabilities Act

Dear Littler: Do I Really Have to Let an Employee Bring an “Emotional Support Pig” to Work?

by Littler on

Dear Littler: One of our employees here in Iowa has requested to bring a pet pig to work for “emotional support” purposes. A pig! In a factory! Do I need to entertain her request? And if so, what do I tell other employees?...more

High School Teacher Is Determined To Not Be Disabled After She Accepts Another Teaching Position

by Jackson Lewis P.C. on

Sharon Walker (“Walker”), a high school business teacher, brought suit against the Pulaski County Special School District (“PCSSD”) claiming that she had been discriminated against and retaliated against because of her...more

When Is Reassignment To An Intermittent Position Required As An ADA Accommodation?

by Jackson Lewis P.C. on

The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not news. But what if no...more

Property Owners Gaining New Tools To Fight ADA Lawsuits

by Shutts & Bowen LLP on

Help may be on the way for property owners sued for alleged violations of Title III of the Americans with Disabilities Act (“ADA”). As covered in a prior post, over the last couple of years, Florida has seen a big...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

Employment Law Navigator – Week in Review: May 2017 #4

by Zelle LLP on

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his...more

EEOC Sues Impressions Incorporated for Disability Discrimination

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to...more

NC Court of Appeals Says Attempted ADA Accommodation Can Be Terminated Based on Effects on Coworkers

The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...more

From the Tinfoil Hat Files: Plaintiff Sleeping on the Job Claims Sensitivity to Electromagnetic Voltage

The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more

Food Service Company to Pay $35,000 to Settle EEOC Disability Discrimination Suit

Legendary Baking Fired Employee Because of Spinal Cord Condition, Federal Agency Charged - CHICAGO - An Illinois food service company will pay $35,000 and furnish other relief to settle a disability discrimination...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Disability Services Company to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

ValleyLife Failed to Provide Reasonable Accommodations to Employees With Disabilities, Federal Agency Charges - PHOENIX - ValleyLife, a disability support services company, will pay $100,000 and furnish other relief to...more

ADA and Batman - by Robin

by FordHarrison on

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

These Three Key FMLA and ADA Resources Will Help You Conquer the World

by Franczek Radelet P.C. on

If you have any interest in vastly improving your FMLA and ADA mojo, here are three can’t miss resources you need to make part of your professional reading and education each spring: 1. Review the ABA’s Report of 2016...more

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

by Jackson Lewis P.C. on

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

Tenth Circuit Rejects EEOC Position on Retroactive Accommodation of Performance Issues

For years, the Equal Employment Opportunity Commission (EEOC) and federal courts have acknowledged that employers do not have to excuse employee disciplinary violations because the employee later attributes such conduct to a...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

by Franczek Radelet P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

Apply Here! (with Everyone Else): ADA Does Not Mandate Noncompetitive Reassignment

When you can’t reasonably accommodate a disabled employee in the current position, do you have to give the employee a vacant position or can you follow your usual, competitive process? In EEOC v. St. Joseph’s Hospital, Inc.,...more

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

by Fisher Phillips on

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position

by Foley & Lardner LLP on

As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other...more

Website Accessiblity - An Introduction to the Problem and Best Practices for Education Agencies and Schools

by Pessin Katz Law, P.A. on

Are you reading this article on a computer? I would venture to guess that you are. How did you access this page? Did you have to navigate through multiple web pages? While you were at it, were you surfing the internet,...more

Seasonal Affective Disorder - It Can Be More Than the Winter Blues

by Pepper Hamilton LLP on

As the weather continues to get colder and the days get darker, some people may notice that they feel more tired, experience weight gain, or struggle to get out of bed in the morning. For most, these symptoms begin in the...more

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