News & Analysis as of

Reasonable Accommodation Undue Hardship Disability Discrimination

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

by 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

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

by FordHarrison on

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging....more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Mass. Court Clouds Marijuana in the Workplace Issues

by Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

by Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

by Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

Connecticut Expands Anti-Discrimination and Accommodation Protections for Pregnant Employees and Applicants

Earlier this month, Connecticut Governor Dannel Malloy has signed into law “An Act Concerning Pregnant Women in the Workplace” (the “Act”), which enhances employment protections for pregnant employees and applicants under the...more

Costs of Accommodation: British Columbia Supreme Court Reaffirms High Threshold for Undue Hardship

by Dentons on

In a July 2016 decision, Providence Health Care v. Dunkley, 2016 BCSC 1383, the British Columbia Supreme Court held that Providence Health Care (PHC) and the University of British Columbia (UBC) failed to establish that the...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...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

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

Mississippi HomeCare of Picayune to Pay $100,000 to Settle EEOC Disability Discrimination Suit

Home Healthcare Provider Failed to Provide a Reasonable Accommodation and then Terminated Employee, Federal Agency Charged - BIRMINGHAM, Ala. - Mississippi HomeCare of Picayune, a major home healthcare provider in the...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

New York's Highest Court: Indefinite Leave Not Reasonable Under State Law, But Could Be Under NYC Law

by Holland & Knight LLP on

In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the...more

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

by Genova Burns LLC on

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

Quirky Question #209, Obesity as a Disability under MT Law

by Dorsey & Whitney LLP on

We are in Montana and a very obese woman recently applied for a manager position. The position is more physical than most in that there is significant walking between facilities, and the candidate must climb ladders to view...more

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

by Partridge Snow & Hahn LLP on

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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