Reasonable Accommodation Undue Hardship Americans with Disabilities Act

News & Analysis as of

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

Colorado Expands Anti-Discrimination Act With Pregnant Workers Fairness Act

On June 1, 2016, Colorado Governor John Hickenlooper signed into law Colorado’s Pregnant Workers Fairness Act. The act, which becomes effective on August 10, 2016, amends the Colorado Anti-Discrimination Act (CADA) and...more

EEOC Issues Guidance on Providing Unpaid Leave as a Reasonable Accommodation Under the ADA

Motivated by the increasing number of disability discrimination charges related to leave policies, the Equal Employment Opportunity Commission (EEOC) recently issued new guidance discussing unpaid leave as a reasonable...more

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

EEOC Issues New Publication on Leave as Accommodation Under ADA

On May 9, 2016 the Equal Employment Opportunity Commission (EEOC) issued a new resource document regarding employer-provided leaves of absence as an accommodation under the Americans with Disabilities Act (ADA). The new...more

The EEOC Just Keeps On Giving! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”)....more

Time to Check Your Leave Practices: EEOC Issues Resource Document on Employer-Provided Leave Under the Americans with Disabilities...

In light of an increase in charges filed with the EEOC in which employees claim that their employers are unlawfully denying or restricting the use of leave as a reasonable accommodation, which is a "troubling trend" according...more

Workplace Scents and Sensibility

Spring is beginning to bloom and for many of us this means taking time to stop and smell the flowers. However, those delightful smells of spring can trigger annoying and sometimes painful physical reactions for many who...more

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

Can An Indefinite Leave Of Absence Be A Reasonable Accommodation?

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave required? ...more

New York City Employers Must Prove Indefinite Leave Request is Undue Hardship

The New York Court of Appeals ruled last Thursday that a disabled employee’s request for an indefinite leave of absence is not a per se unreasonable accommodation under the New York City Human Rights Law. Rather, the state’s...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

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