News & Analysis as of

Reasonable Accommodation › Essential Functions › Adverse Employment Action

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Sherman & Howard L.L.C.

Appellate Court Revives Employee’s ADA Claim While Adopting a Nuanced, Partially Pro-Employer Interpretation of the ADA

Sherman & Howard L.L.C. on

Several courts have held that an employer violates the ADA simply by refusing to provide a reasonable accommodation regardless of whether the refusal adversely affects the employee. Put another way, these courts hold that the...more

Genova Burns LLC

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

Genova Burns LLC on

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more

Parker Poe Adams & Bernstein LLP

Lack of Adverse Employment Action Dooms ADA Failure to Accomodate Claim

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act requires employers to provide reasonable accommodations that permit a disabled employee to perform the essential functions of his or her job. What happens, however, when an employer...more

Brownstein Hyatt Farber Schreck

States Diverge on Employment Law Protections for Medical Marijuana Users

Brownstein Hyatt Farber Schreck on

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

Pullman & Comley - Labor, Employment and...

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

Pullman & Comley - Labor, Employment and... on

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

Haight Brown & Bonesteel LLP

Employer Is Not Required To Eliminate An Essential Job Function In Order To Reasonably Accommodate Disability

Haight Brown & Bonesteel LLP on

In Nealy v. City of Santa Monica, 2015 WL 632228, the Second District Court of Appeals held that an injured worker was properly denied the right to return to work where he was unable to perform essential functions of his job...more

Spilman Thomas & Battle, PLLC

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

Spilman Thomas & Battle, PLLC on

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

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