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Americans with Disabilities Act Reasonable Accommodation

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

Seventh Circuit: Multi-Month Leave Of Absence Not A Reasonable Accommodation Under The ADA

by Jackson Lewis P.C. on

Determining how long an employer must hold a position for an absent worker is a question that vexes Human resources Directors and Operations management. The Seventh Circuit recently ruled, in Severson v. Heartland Woodcraft,...more

“Brute Reason” or Lack of Nuance: Seventh Circuit’s Twin Holdings That a Long Term Leave is Not a Reasonable Accommodation May...

In one of his more pithy lines, Oscar Wilde wrote, “I can stand brute force, but brute reason is quite unbearable. There is something unfair about its use. It is hitting below the intellect.” Oscar Wilde, The Picture of...more

Extending Leave Was Not A Reasonable Accommodation Under The ADA Where There Was A Lack Of “Certainty” About Return To Work Date

by Jackson Lewis P.C. on

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation...more

Prior Entitlement To FMLA Leave Is Not A Free Ticket To Miss Work For Non-FMLA Covered Reasons

by Jackson Lewis P.C. on

The U.S. District Court for the Middle District of Pennsylvania recently upheld an employer’s decision to terminate an employee under its policy against excessive absenteeism, in spite of the fact that the former employee had...more

Catching Up With Reader Assistance Animal Questions

by Fox Rothschild LLP on

First, let me go off topic for a minute to wish everyone a happy and healthy Thanksgiving holiday. As I do once a year, I want to give a special shout out to my wife (Hi Sweetie!) to see if she actually reads these posts....more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

The EEOC on Pregnancy, Reasonable Accommodation, and Religion

by Ward and Smith, P.A. on

Recent Views from the EEOC Charlotte District Office - Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke on October 6th at Ward and Smith's Labor...more

American Airlines and Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit

Airlines'Policies Discriminated Against Disabled Employees, Federal Agency Charges - PHOENIX - American Airlines and Envoy Air will pay $9.8 million in stock, which is worth over $14 million if cashed in today, and...more

Eleventh Circuit Reaffirms that Indefinite Leaves of Absence Are Not Reasonable Accommodations

Last month, the Eleventh Circuit affirmed a decision in favor of the employer in Roderick Billups v. Emerald Coast Utilities Authority, No. 17-10391, 2017 WL 4857430 (11th Cir. Oct. 26, 2017), continuing the trend of recent...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

Long-Term Leave Under the ADA May Be Another Step Closer to Becoming a Thing of the Past

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit is the next to find a long-term leave of absence is not a reasonable accommodation under the ADA. Just a few months after a recent and definitive decision by the Seventh Circuit...more

Employer ADA Test Conundrum? Seventh Circuit Flip Flops on ADA Accommodation Ruling

by LeClairRyan on

The Seventh Circuit ruled that an employee’s extended medical leave request was “categorically unreasonable” under the ADA. However, what should an employer do when one of the Seventh circuit judges writes that prior decision...more

Seventh Circuit Holds That The ADA Is Still Not A Leave Statute

by Jackson Lewis P.C. on

On October 17, 2017, on the heels of its landmark decision in Severson v. Heartland Woodcraft, the Seventh Circuit affirmed summary judgment in favor of the employer in its unpublished opinion in Golden v. Indianapolis...more

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Court Hands Victory To Employer In “Leave After Leave” Battle

by Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

Employer Not Required to Provide Indefinite Leave for a Temporary Disability

Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Phoebe Putney Hospital Sued by EEOC For Disability Discrimination

Hospital Discharged Employee Because She Requested Leave Due to Her Medical Condition, Federal Agency Charged - ATLANTA - Phoebe Putney Memorial Hospital, a regional medical center located in Albany, Ga., violated federal...more

Gavel to Gavel: Surge in claims necessitates updates

by GableGotwals on

It’s important employers review their policies, procedures and training programs when it comes to mental health disabilities in the workplace. With one in four Americans experiencing some kind of mental impairment, no...more

Chemist’s circumstantial evidence too basic to prove ADA claim

by Kirton McConkie PC on

DISABILITY DISCRIMINATION - It’s rare for an employer to announce that it is illegally discriminating against someone. An employee who is a victim of illegal discrimination most often is left with only circum­stantial...more

Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation

We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has...more

State Marijuana Laws: Employers Get By With A Little Help From Their Lawyers

by McCarter & English, LLP on

State laws permitting the lawful use of marijuana for medical or recreational purposes continue to complicate employer efforts to craft policies concerning employees’ marijuana use. Employers know that employees who work...more

Reasonable Accommodation Quiz For Employers!

How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out! Question 1: Which of the following federal employment laws require reasonable accommodation,...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

by Franczek Radelet P.C. on

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

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