Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more
During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more
Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more
When a disabled employee requests a workplace accommodation, the Americans with Disabilities Act instructs the employer to determine whether the requested accommodation (or an alternative) allows the employee to perform the...more
When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more
Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more
5/17/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
When reviewing requests for accommodation from sick or injured workers, employers often focus on whether the requested accommodation is reasonable or whether it imposes an undue hardship on the company. ...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
2/23/2024
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Reasonable Accommodation ,
Remand ,
Reorganizations ,
Retaliation ,
Reversal ,
Risk Management ,
Summary Judgment ,
Termination
During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more
2/16/2024
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Essential Functions ,
Hiring & Firing ,
Reasonable Accommodation ,
Remote Working ,
Retaliation ,
Telecommuting
When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more
When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more
In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more
12/8/2023
/ Appeals ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dismissals ,
Employment Litigation ,
Groff v DeJoy ,
Healthcare Facilities ,
Healthcare Workers ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
Vaccinations
Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more
In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more
We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more
Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more
Last year, Congress passed the Pregnant Worker Fairness Act (PWFA). The new law is intended to assist pregnant employees with continuing their jobs until, and in some cases, beyond delivery. Patterned in part on the Americans...more
8/11/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more
The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow a qualified disabled person to perform the essential functions of their job. The question of what constitutes a reasonable...more
Last week, the U.S. Supreme Court’s decision in Groff v. DeJoy upended long-held assumptions over the legal standard used to review employers’ responses to employees’ requests for religious accommodations under Title VII....more
7/10/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
In December, Congress passed the Pregnant Workers Fairness Act (PWFA). The new law takes effect Tuesday, June 27, and it applies to employers with 15 or more employees. ...more
In recent years, the use of service dogs and other animals has expanded from assisting persons with visual impairments to others with chronic diseases or psychological disabilities. The Americans with Disabilities Act...more
As more employers conduct diversity, equity, and inclusion training, they increasingly face resistance from employees who claim that mandatory attendance at such training violates their religious beliefs. Last week, the...more
In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more