Reasonable Accommodation Medical Leave

News & Analysis as of

New Guidance From the EEOC on Leave as Reasonable Accommodation Doesn’t Give Employers Much Guidance

The EEOC’s latest guidance on leave and the ADA makes clear that the Commission isn’t backing down from its position that employers must consider leave as a reasonable accommodation, a topic we’ve discussed in prior blog...more

New EEOC Resource Document: More Questions Than Answers About Return-From-Leave Under the ADA

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should...more

Lowe's to Pay $8.6 Million to Settle EEOC Disability Discrimination Suit

Retail Home Improvement and Appliance Store Chain Fired Thousands of Workers With Disabilities Due to Rigid Leave Policy, Federal Agency Charges - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC)...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

EEOC Issues New Resource Regarding Leave as a Reasonable Accommodation

On May 9, 2016, citing a “troubling trend” gleaned from the surge in disability charges that it has received in recent years, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a new resource document...more

Neenah Paper to Pay $33,000 to Settle EEOC Disability Discrimination Suit

Company Required Employee to Take Meds at Job Site as a Condition of Employment, Federal Agency Charged - DETROIT - A manufacturer of various types of premium paper with a paper mill in Munising, Mich., will pay $33,000...more

HR Urban Legends

Walt Disney had himself cryogenically frozen. Alligators are alive and well in the NYC sewer system. You’ll die if you eat a whole bag of Pop Rocks and polish it off with a can of Coke. 2016 was the weirdest primary...more

Employment Law Commentary, December 2015

New Year, Revised Handbook - Now that you know all about the new employment laws in California for 2016—see our Employment Law Commentary from last month—it’s time to think about revising your employee handbooks and...more

Labor & Employment News - Rare Employer Win After Public Hearing at the MCAD: But "What is the Price of Victory?

Having cases before the Massachusetts Commission Against Discrimination (MCAD) can be a very frustrating experience for employers. After a complaint is filed, the employer must file a position statement and then attend an...more

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016. Some of these laws impose new prohibitions on employers, while others provide positive benefits such...more

Employee required to produce his medical file to employer in accommodation grievance

After an employee’s union grieved that the employer had failed to return him to work “notwithstanding that he has provided all requested medical information”, the employee has been ordered to produce much of his medical file...more

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

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

Sensient Sued By EEOC for Disability Discrimination

Dried Food Producer Unlawfully Discharged Workers After Denying Extended Leave of Absence for Disability-Related Needs, Federal Agency Charged - FRESNO, Calif. - Sensient Natural Ingredients LLC, a producer of dried...more

Dialysis Clinic To Pay $190,000 To Settle EEOC Disability Discrimination Suit

Clinic Fired Nurse Due to Clinic's Medical Leave Policy, Federal Agency Charges - SACRAMENTO, Calif. - Nationwide healthcare provider Dialysis Clinic, Inc. has agreed to pay $190,000 to a former employee with breast...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...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

[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

A Tale Of Two Public Entities: What Employers Can Learn About The FEHA Accommodation Process

Finding the right accommodation for a disabled employee can be a difficult task under the Fair Employment and Housing Act (“FEHA”). An employer’s accommodation obligations are broad, and litigation can ensue when there is a...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

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Does a Request for Disability Benefits Qualify as a Request for an Accommodation of Leave Under the ADA?

Last month, the Sixth Circuit Court of Appeals answered this question in the negative and found that an employee’s request for long-term disability benefits did not amount to a request for a reasonable accommodation in the...more

Lessons Learned from the EEOC's Guidance on Pregnancy Discrimination

A pregnant nursing assistant for a long term care facility gives her employer a doctor’s note with a 20 pound lifting restriction for the duration of her pregnancy. The job requires her to lift in excess of 50 pounds on a...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

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