Reasonable Accommodation Disability Hiring & Firing

News & Analysis as of

Jury Sides with FedEx in ADA Failure to Accommodate Case

For those of you who think the Americans with Disabilities Act (ADA) means you have to do whatever a disabled employee wants, I bring good news from of all sources, a jury in California. This case had it all—an employee...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

When is an Employee’s Disability a Factor in his Dismissal?

On June 30, 2015, the Court of Appeal of Alberta released its decision in Stewart v Elk Valley Coal Corporation, 2015 ABCA 225 (“Stewart”) and clarifying what constitutes discrimination. In Stewart, the employer...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

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

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

[Event] Sheppard Mullin's Spring 2015 Labor & Employment Law Update - May 5, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: - Leading Court Decisions and Key Legislative Developments in 2015 - Psychological Disabilities...more

Do You Have to Guess?

Employers don’t have to guess an employee’s disability and force an accommodation under the ADA. In Walz v. Ameriprise Financial, Inc., No. 14-2495 (8th Cir. March 9, 2015), an employer fired its employee for repeated...more

The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

Employment Law 101: Americans with Disabilities Act

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

A Reader Asks: “Is It Me, Or Has Job Interviewing Become Really Complicated?”

Last week, I wrote about the two situations in which an employer should ask an applicant about a disability or a religious belief or practice that might require reasonable accommodation. (As I emphasized last week, 99 percent...more

Baker Concrete Construction Sued by EEOC for Disability Discrimination

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks...more

Court Recommends Supervalu/Jewel-Osco Be Held in Contempt for Violations of EEOC Consent Decree in Disability Case

Federal Agency Obtains Relief for Three Jewel Employees Denied Accommodation, Court Calls for Extension of Decree and Appointment of Special Master - CHICAGO - Federal Magistrate Judge Michael Mason has entered a...more

EEOC Sues Wal-Mart for Disability Discrimination

Retailer Rescinded Accommodation, Then Fired Intellectually Disabled Employee, Federal Agency Charges - ROCKFORD, Ill. - The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit here yesterday against...more

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more

America's Largest Drug Store Chain to Pay $180,000 to Settle EEOC Disability Discrimination Suit

South San Francisco Walgreens Fired Longtime Employee With Diabetes Over a $1.39 Bag of Chips, Federal Agency Charged - SAN FRANCISCO - Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with...more

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

Employee Needing Extended Leave of Absence Not Qualified to Perform Essential Job Functions

Perhaps the most common question faced by employment law attorneys representing management involves employees whose medical condition requires a long leave of absence from work. The employee exhausts FMLA leave and/or the...more

Lifecare Medical Services to Pay $72,500 to Settle EEOC Disability Lawsuit

Employee With MS Denied Accommodation and Fired, Federal Agency Charged - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, will pay $72,500 and provide other relief in order...more

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