Termination Reasonable Accommodation

News & Analysis as of

Extended Leave Under the ADA: Necessary Next Steps to Consider

Earlier this summer, I wrote an article for the July issue of our firm's L&E Newsletter, surveying cases on when an employee's request for extended medical leave is, and is not, a reasonable accommodation under the ADA. As...more

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

EEOC Sues Legendary Baking For Disability Discrimination

Federal Agency Says Food Service Company Denied Long-Term Employee Accommodations, Then Fired and Failed to Rehire Her Because of Her Disability - CHICAGO - American Blue Ribbons Holding, LLC, dba Legendary Baking,...more

EEOC Sues Hospital Over Flu Shot Dispute

In its continuing effort to press employers to accommodate workers under a variety of circumstances, the Equal Employment Opportunity Commission (EEOC) recently sued a Massachusetts hospital over its flu shot policy. The June...more

Drawing the Line on Leave Policies for Employees With Disabilities

Within the past three months, the U.S. Equal Employment Opportunity Commission (EEOC) has secured nearly $9 million from companies that have committed violations of the Americans with Disabilities Act (ADA) by discriminating...more

Labor and Employment Group News: Massachusetts Rehabilitation Commission Hit With Substantial Disability Discrimination Award

Private employers will feel faint satisfaction in learning that a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer has lowered the boom in a disability discrimination case on a state agency servicing...more

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an...more

RockTenn to Pay $187,500 to Settle EEOC Disability Discrimination Suit

Human Resources Manager Fired Because of Coronary Artery Disease, Agency Says - DETROIT - A paper and packaging manufacturer with a facility located in Battle Creek, Mich., will pay $187,500 to settle a disability...more

EEOC Requesting Information? Be Wary What You Tell Fellow Employees

Picture this scenario: You come into your office one morning to learn that an employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming that you failed to accommodate...more

The Rights and Limitations of Associational Discrimination under the ADA

While a recent Second Circuit case received lots of headlines regarding its discussion of individual liability under FMLA, the case has some other nuggets for employers to understand, as my colleague Gary Starr explains in...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Retaliation Weigh-in – Don’t Be the Biggest Loser

While watching the Biggest Loser may be entertaining or even inspiring, dealing with an overweight employee may be a human resources nightmare. A person’s weight is a delicate topic in almost any conversation. When an...more

Employment Law Commentary, January 2016

Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Betriebliches Eingliederungsmanagement (BEM) vor krankheitsbedingter Kündigung

Sind Arbeitnehmer innerhalb eines Jahres länger als sechs Wochen ununterbrochen oder wiederholt arbeitsunfähig erkrankt, muss der Arbeitgeber nach § 84 Abs. 2 SGB IX klären, wie die Arbeitsunfähigkeit überwunden und wie der...more

Employers Need to Consider Accommodation Requests Made at Any Time During a Disabled Employee’s Employment

Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the case, the former...more

DAP Products Sued By EEOC For Disability Discrimination

Construction Products Manufacturer Fired Capable Worker Because of Cancer, Federal Agency Charged - DALLAS - DAP Products, Inc., a Dallas-based business and a leading manufacturer of home repair and construction...more

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid...more

Yes, Employers May Have To Accommodate Even “Crazy” Religious Beliefs.

Employers, it is a losing battle to debate theology with your employees who request religious accommodation. If you don’t believe me, ask Consolidated Coal Company and its parent, CONSOL Energy, which have been ordered to pay...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

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