News & Analysis as of

Americans with Disabilities Act (ADA) Good Faith

McAfee & Taft

Managing job accommodation requests

McAfee & Taft on

The Americans with Disabilities Act requires employers to consider and offer reasonable accommodations to disabled employees, so long as the accommodation does not impose an undue hardship upon the employer’s operations....more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Constangy, Brooks, Smith & Prophete, LLP

Summer Fun Quiz For Employers!

Happy days are here again! How much do you know about summer workplace fun in '21? Take our quiz and find out! As always, the answers appear right after each question, so you can cheat all you want -- we'll never know. And...more

Fox Rothschild LLP

Can Employers Require Vaccinations For COVID-19?

Fox Rothschild LLP on

On December 16, 2020, the U.S. Equal Employer Opportunity Commission (EEOC) issued a much-anticipated guidance to employers considering mandatory vaccinations for COVID-19. While it will be months before vaccines are...more

Fox Rothschild LLP

The FLSA And Temperature Checks: The Doctrine Of “Integral And Indispensable” Comes To The Forefront

Fox Rothschild LLP on

The other day I went to the eye doctor and, before I could go in, an employee checked my temperature. This phenomenon is going to become perhaps a constant fact of life when businesses open, employees return to work and...more

Foley & Lardner LLP

Reopening the Economy in the Midst of COVID-19: What Happens If an Employee Refuses to Return to Work?

Foley & Lardner LLP on

With initial rumblings about “reopening the economy,” employers are understandably concerned about what exactly that might look like. Frankly, everyone—including the U.S. workforce—is concerned. For that reason, one of the...more

Parker Poe Adams & Bernstein LLP

Employers Should Carefully Manage Interactive Process When Considering ADA Accommodations

In some situations, employers call us to ask about an employee’s request for job modifications that appear unworkable on their face. Sometimes, the requests remove a substantial part of the employee’s job duties, often...more

Foley & Lardner LLP

So, What Exactly is the Interactive Process?

Foley & Lardner LLP on

Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the “interactive process” when an employee requests a disability accommodation. But in actual...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Polsinelli

ADA Compliance: Landlords, You're On the Hook

Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

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

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more

Hinshaw & Culbertson LLP

First Circuit Confirms Importance of Good Faith Interactive Process

The First Circuit Court of Appeals has given us yet another case demonstrating the importance of not only engaging in the interactive process, but doing so in good faith....more

Mintz - Employment, Labor & Benefits...

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more

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