News & Analysis as of

Reasonable Accommodation Undue Hardship Disability

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Venable LLP

Long COVID: A Get-Out-of-Work-Free Card?

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Imagine one of your employees (let’s call her Sarah) recently contracted COVID-19, as so many workers have in the past two years. Unlike your other employees, however, Sarah’s symptoms did not subside after a few weeks....more

Bowditch & Dewey

EEOC Issues Guidance on COVID-19 and Disability Protections Under the Americans with Disabilities Act

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The U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance on Tuesday, December 14th, clarifying under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grand Hyatt For Disability Discrimination

Hotel Denied Accommodations, Including the Use of a Chair, to a Front Desk Agent with a Chronic Back Impairment, Federal Agency Charges - NEW YORK - Grand Hyatt New York, Inc., which operates a large hotel in New York...more

McAfee & Taft

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more

U.S. Equal Employment Opportunity Commission...

St. Vincent Hospital to Pay $15,000 to Settle EEOC Disability Discrimination Lawsuit

Company Refused Transfer as a Reasonable Accommodation, Federal Agency Charged - INDIANAPOLIS - St. Vincent Hospital and Health Care Center, Inc. will pay $15,000 and furnish other relief to resolve a lawsuit disability...more

Parker Poe Adams & Bernstein LLP

What Happens When One Disability Accommodation Triggers Another Disability Complaint?

In practice, employers have little difficulty accommodating most requests for accommodation under the Americans with Disabilities Act. If an employee requests a standing desk or short breaks to monitor blood glucose,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart For Disability Harassment

Giant Retailer Refused to Accommodate Disabled Employee by Reassigning Her to a Nearby Store, Federal Agency Charges - BANGOR, Maine - Walmart, Inc. violated federal law by failing to reassign a long-term employee to a...more

K&L Gates LLP

Working Wise: Accommodating an Employee's Disability through Leaves of Absence

K&L Gates LLP on

In this episode, we highlight the challenges of accommodating an employee's disability through leaves of absence. The podcast covers the background of the Americans with Disabilities Act, how leave can be a reasonable...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

Holland & Knight LLP

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

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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

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

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

Holland & Knight LLP

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

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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

Dorsey & Whitney LLP

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

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

Partridge Snow & Hahn LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

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