News & Analysis as of

Americans with Disabilities Act (ADA) Disability Interactive Process

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

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

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Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Fox Rothschild LLP

Accommodating Anxiety and Related Disabilities

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Harried, frazzled, overwhelmed, anxious and stressed are words that I’m hearing a lot lately. No, I’m not a therapist, though sometimes, as a lawyer, I feel like one. Disability claims have increased 50% over the past decade...more

Fisher Phillips

Snapshot on Manufacturing Industry: January 2022

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Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. Is COVID-19 a...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

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

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Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

Dorsey & Whitney LLP

The Americans with Disabilities Act: A Brief Primer on the ADA

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Like Canada, the United States has federal legislation protecting employees with disabilities. While Canada has the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act, the United States has the...more

K&L Gates LLP

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

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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

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

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A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Parker Poe Adams & Bernstein LLP

NC Court of Appeals Says Attempted ADA Accommodation Can Be Terminated Based on Effects on Coworkers

The Americans with Disabilities Act (ADA) encourages employers to engage in an interactive process with disabled employees to determine if there are reasonable accommodations that allow the employee to perform the essential...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

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

Morgan Lewis on

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Dorsey & Whitney LLP

Quirky Question #267: An Equine Accommodation?

Dorsey & Whitney LLP on

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

Foley & Lardner LLP

Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation

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A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and...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

Constangy, Brooks, Smith & Prophete, LLP

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

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

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

Littler

California Adopts New Disability Discrimination Regulations

Littler on

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

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