News & Analysis as of

Reasonable Accommodation Medical Leave Appeals

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

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In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Fisher Phillips

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on

When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...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

Genova Burns LLC

Employee’s Failure to Cooperate Deemed Fatal to Disability Pregnancy Claims

Genova Burns LLC on

The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Court Hands Victory To Employer In “Leave After Leave” Battle

Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

Parker Poe Adams & Bernstein LLP

Employer Not Required to Provide Indefinite Leave for a Temporary Disability

Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more

Stinson LLP

Is an Extended Leave of Absence a Reasonable Accommodation?

Stinson LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more

Holland & Knight LLP

Seventh Circuit Provides Clarity on Leaves of Absence and the ADA

Holland & Knight LLP on

The U.S. Court of Appeals for the Seventh Circuit recently held that an employer's refusal to offer an employee a two- or three-month medical leave of absence following his exhaustion of his Family Medical Leave Act (FMLA)...more

Foley & Lardner LLP

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

Proskauer - Law and the Workplace

7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA

In a recent decision in Severson v. Heartland Woodcraft, Inc. (Sept. 20, 2017), the Seventh Circuit affirmed a district court’s ruling that an employer did not violate the Americans With Disabilities Act (ADA) by failing to...more

Fisher Phillips

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

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

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employer to Reduce Employee to Part-Time Status After Return From Medical Leave

Here is a common human resource scenario: An employee goes out of work on medical leave. While she is away from work, the managers or co-workers who cover her duties discover that the work can be readily accomplished without...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2016 #2

California Considers Extending Fair Pay Act to Race, Ethnicity - Why it matters - Reflecting the nationwide trend of pay equity, a new bill under consideration by California legislators would extend the state's Fair...more

Dorsey & Whitney LLP

Taking the Stress Out of Employee Claims of Disability Caused by the Stress of Working for a Particular Supervisor

Dorsey & Whitney LLP on

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

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