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Reasonable Accommodation › Disability › Corporate Counsel

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

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When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

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

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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

Bradley Arant Boult Cummings LLP

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

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Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Panel Finds Gender Dysphoria Covered Under ADA

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​​​​​​​On August 16 in Williams v. Kincaid, a divided three-judge panel of the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) became the first federal appellate court to hold...more

Constangy, Brooks, Smith & Prophete, LLP

Employee fired for sleepwalking into co-worker’s room has no disability discrimination claim

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Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

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This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

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Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Miller Nash LLP

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

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Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more

Jackson Lewis P.C.

Is COVID-19 a Disability? EEOC Provides Updated Guidance

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On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance...more

Bradley Arant Boult Cummings LLP

New York Adds ADA-Type Requirement and Teeth to Debt Collection Procedure Act

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On October 8, the governor of New York signed Bill No. AO-2260A to assist borrowers who need accommodation for visual impairments. Bill No. AO-2260A is “an act to amend the general business law, in relation to requiring debt...more

Poyner Spruill LLP

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

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The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

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If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

Cranfill Sumner LLP

What is a Reasonable Accommodation in the Workplace?

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Under the Americans with Disabilities Act (ADA), employers with 15 or more employees are prohibited from discriminating against a qualified individual on the basis of disability. A covered employer is required, absent an...more

Seyfarth Shaw LLP

Fourth Circuit Speaks: To Be “Qualified” Under the ADA, Disabled Employee Must Comply with Valid Safety Requirements

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Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals...more

Poyner Spruill LLP

Recent 4th Circuit Case Gives Best Practices for ADA Accommodation Claims

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Recently, the Fourth Circuit issued an opinion in an Americans with Disabilities Act (ADA) accommodation case, Elledge v. Lowe’s Home Centers, LLC[i]. The case shows the importance of employers paying close attention to the...more

Miles & Stockbridge P.C.

Fourth Circuit Ruling Favors Employers in High Profile ADA Case

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On November 18, 2020, the United States Court of Appeals for the Fourth Circuit upheld a decision that retailer Lowe’s Home Centers LLC (“Lowe’s”) did not violate the Americans with Disabilities Act (ADA) when it removed a...more

Foley & Lardner LLP

Do I Have to Return to Work During the Pandemic? Massachusetts Federal Court Grants Reprieve to Asthmatic Employee

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It is just a matter of time before most employers will have to decide whether and when it is legally permissible to require their respective workforces to return to the office after months of teleworking during the ongoing...more

Epstein Becker & Green

Updated Job Accommodation Network Toolkit Available for Disability Accommodation Resources

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Employers seeking information about potential reasonable accommodations, and tips on the interactive process, can turn to the newly updated Job Accommodation Network (JAN) Toolkit....more

McAfee & Taft

Think twice before you dismiss a cry for help: ADA accommodation request or not?

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You know the scenarios: an employee reports his chair is bothering him; another employee reports the glare of the computer screen is hurting her eyes; and a third employee explains he needs a different office space, better...more

Foley & Lardner LLP

There’s No Place Like Home – But Is That a Reasonable Accommodation?

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A pending federal appeals court case is the latest to highlight the challenges employers face when considering accommodation requests from an employee with a medical condition. As we have written before, leave and...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

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A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Jackson Lewis P.C.

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules

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The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

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Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Akerman LLP

Time To Cooperate: NYC Imposes New Accommodation Obligations On Employers

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Beginning on October 15th, employers with four or more employees in New York City will be required to engage in a “cooperative dialogue” with employees who qualify for reasonable accommodations under the NYC Human Rights Law...more

Jackson Lewis P.C.

You Can’t Always Get What You Want: Employers Don’t Have To Provide An Accommodation Requested By An Employee If There Are Other...

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A recent Third Circuit case, Sessoms v. Trs. Of the Univ. of Pa., 2018 U.S. App. LEXIS 16611 (3rd Cir. June 20, 2018), serves as a reminder that while the Americans with Disabilities Act (“ADA”) requires employers to provide...more

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