News & Analysis as of

Reasonable Accommodation Medical Leave Disability

Butler Snow LLP

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

Butler Snow LLP on

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

Parker Poe Adams & Bernstein LLP

ADA-Covered Disability Does Not Need to be Long Term

The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Colorado Excavating for Disability Discrimination

Company Fired Employee After Seizure, Federal Agency Charges - DENVER - Gollnick Construction, Inc., which does business as Colorado Excavating, violated federal law when it fired an employee because she had a seizure,...more

McManis Faulkner

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on

Proposition 64 changed marijuana laws.  What many do not realize is that it did not change employment laws.  Employers recognize societal norms are changing with the passing of Prop 64.  A new era has commenced and the Family...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Spencer Gifts for Disability Discrimination

Novelty Gift Company Failed to Accommodate and Fired Employee Due to Disability, Federal Agency Charges - HICKORY, N.C. - Spencer Gifts, LLC (Spencer), a Delaware corporation that operates novelty gift stores throughout...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Austal USA For Disability Discrimination

Global Defense Contractor Fired Employee Who Needed Intermittent Leave to Treat Diabetes, Federal Agency Charges - MOBILE, Ala. - Austal USA, LLC, a global designer and manufacturer of defense and commercial ships...more

U.S. Equal Employment Opportunity Commission...

Kessinger Hunter Management to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Refused Employee's Request for One-Week Extension of Medical Leave to Recuperate From Surgery, Federal Agency Charged - ST. LOUIS - Kessinger Hunter Management, Inc. (KHMI), a national commercial property...more

McAfee & Taft

The dangers of ‘100% healed’ and ‘no restrictions’ policies

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more

U.S. Equal Employment Opportunity Commission...

Mueller Industries Settles EEOC Class Disability Discrimination Lawsuit For $1 Million

Company's Strict Enforcement of 180-Day Maximum Leave and Attendance Policies Disadvantages Workers With Disabilities, Federal Agency Says - LOS ANGELES - The U.S. Equal Employment Opportunity Commission (EEOC) announced...more

Foley & Lardner LLP

Employers Are Allowed to Choose Alternative Reasonable Accommodations if Effective

Foley & Lardner LLP on

Employers generally understand their obligation to provide a reasonable accommodation to qualified individuals with disabilities as required under the Americans with Disabilities Act (ADA), as well as a number of state and...more

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

Fisher Phillips on

Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

Fox Rothschild LLP

Seventh Circuit Says Extended Medical Leave Is Not A Reasonable Accommodation Under The ADA

Fox Rothschild LLP on

On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Illinois Action for Children for Disability Discrimination

Employer Fired Employee with Cancer Instead of Granting Request for Medical Leave, Federal Agency Charges - CHICAGO - Illinois Action for Children fired an employee who was on leave receiving treatment for breast cancer...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

U.S. Equal Employment Opportunity Commission...

Harrison Poultry to Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Poultry Company Fired Manager While on Approved Leave, Federal Agency Charged - ATLANTA - Harrison Poultry, Inc., a poultry hatchery located in Bethlehem, Ga., will pay $100,000 and furnish other relief to settle a...more

Zelle  LLP

DMEC Conference Focuses on Leaves and Reasonable Accommodation

Zelle LLP on

Last week, the Disability Management Employer Coalition held its annual conference in New Orleans. The conference focused on how employers can bring individuals with disabilities into the workplace and manage their needs once...more

Nutter McClennen & Fish LLP

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

Bradley Arant Boult Cummings LLP

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

Smith Anderson

[Webinar] Americans with Disabilities Act: Reasonable Accommodations Process and Handling Requests Properly - August 25, 1:00pm...

Smith Anderson on

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

CMCP - California Minority Counsel Program

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

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

Orrick - Employment Law and Litigation

2013 Updates to the FEHA California Pregnancy Regulations

Amendments to California’s pregnancy regulations became effective on December 30, 2012, creating many new responsibilities for employers. While employers should take note of all of the amended regulations, some of the most...more

Littler

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

Littler on

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

Morgan Lewis

New California Disability Regulations to Become Effective December 30

Morgan Lewis on

California employers should take action promptly to ensure compliance with new state disability and pregnancy disability regulations. On December 26, California's Office of Administrative Law approved new disability...more

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