News & Analysis as of

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 -

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

NYC Human Rights Law and Employers' Requirements for "Cooperative Dialogue"

by Harris Beach PLLC on

A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more

Employment Law - February 2018

Supreme Court Hits Pause on State Statutes of Limitation - Why it matters - Weighing in on the definition of “tolled,” the Supreme Court declared the time limit on state claims stops while federal claims are pending....more

Employer’s Ultimatum Supports Employee’s ADA Failure To Accommodate Claim

by Jackson Lewis P.C. on

The United States District Court for the Southern District of Alabama in McClain v. Tenax Corp. recently denied in part an employer’s motion for summary judgment on a disabled employee’s failure to accommodate claim under the...more

Q&A with Paula Williams: Pregnancy-related claims remain EEOC priority

by GableGotwals on

Pregnancy-related claims remain a priority for the EEOC - Q: What is the position of the Equal Employment Opportunity Commission (EEOC) on pregnancy-related discrimination? A: The EEOC continues to prioritize pregnancy...more

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

EEOC Sues West Meade Place, LLP For Disability Discrimination

Company Fired Employee Because of Her Anxiety Disorder, Federal Agency Charges - NASHVILLE, Tenn. - Tennessee-based West Meade Place LLP, doing business as The HealthCare Center at West Meade Place, violated federal law...more

Kentucky Fried Chicken Franchise to Pay $30,000 To Settle EEOC Disability Discrimination Suit

Restaurant Owner Fired Employee for Taking Prescribed Medications for Bipolar Disorder, Federal Agency Charged - ATLANTA - Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant in Dublin, Ga., will pay...more

The Cheesecake Factory to Pay $15,000 To Settle EEOC Disability Discrimination Suit

Federal Agency Says Restaurant Changes That Result From Suit Will Benefit Deaf Employees - SEATTLE - The Cheesecake Factory and its wholly owned subsidiary will pay $15,000 and implement changes to settle a federal...more

Is Telecommuting A Reasonable Accommodation? It Depends.

Here are 10 questions to help you think it through. The Americans with Disabilities Act requires, in appropriate circumstances, that employers make reasonable accommodations for employees with disabilities. A common...more

Vantage Drilling Sued by EEOC For Disability Discrimination

Drilling Contractor Fired Employee Because of Heart Attack, Federal Agency Charges - HOUSTON - Vantage, a Houston-based group of interrelated energy, drilling and management companies, violated federal law by firing an...more

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

Volvo Reaches $70k Settlement In Disability Discrimination Suit After Refusing To Hire Applicant On Suboxone

by Fox Rothschild LLP on

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC). According to...more

Interplay Of FMLA And ADA Precludes Employers From Automatically Terminating Employees At End Of FMLA Leave

by Pepper Hamilton LLP on

Q: Can my company fire an employee once the person has exhausted his or her FMLA leave entitlement? A: Many employers are surprised to learn that they may not necessarily terminate an employee if he or she does not return...more

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

Lowe’s Home Centers to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

Cleburne Store Demoted Department Manager After Denying Him a Reasonable Accommodation, Federal Agency Charged - DALLAS - Lowe's Home Centers, LLC, a nationwide chain of home improvement and hardware stores, will pay...more

Greektown Casino to Pay $140,000 To Settle EEOC Disability Discrimination Suit

Detroit Casino Refused to Grant Extended Leave and Fired Employee with Stress-Anxiety Disorder, Federal Agency Charged - DETROIT - A Detroit casino operator will pay $140,000 and furnish other relief to settle a disability...more

Dear Littler: Is an Extended Leave of Absence a Reasonable Accommodation Required by the ADA?

by Littler on

Dear Littler: One of our key employees was injured in a serious car accident. She qualified for, and took, a full 12 weeks of leave under the Family and Medical Leave Act (FMLA) to recover. She was supposed to return to work...more

Plaintiff Petitions The Supreme Court To Hear Extended Leave ADA Case

by SmithAmundsen LLC on

On January 18th, the plaintiff in Severson v. Heartland Woodcraft Inc. petitioned the United States Supreme Court to review his case, in which he claimed that a multi-month leave under the ADA, beyond the Family and Medical...more

Amendment to New York City Human Rights Law Mandates Employers to Engage in “Cooperative Dialogue” with Employees Seeking an...

The New York City Council voted last month to amend the New York City Human Rights Law (“NYCHRL”) to explicitly require that covered entities engage in “cooperative dialogue” with those persons who may be entitled to a...more

Volvo Group North America To Pay $70,000 To Settle EEOC Disability Discrimination Suit

Car Manufacturer Refused to Hire Laborer Because He Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charged - BALTIMORE - Volvo Group North America, LLC, will pay $70,000 and furnish...more

Busse Combat Knife Company Sued by EEOC For Disability Discrimination

Wauseon Company Fired Employee After Learning of His Anxiety Disorder, Federal Agency Charges - TOLEDO, Ohio - A Wauseon, Ohio, knife manufacturer violated federal law by discharging an employee because of his disability,...more

Mental Health Disabilities – What to Do?

by Ruder Ware on

We are seeing a growth in disability claims based upon mental health conditions which is very troubling for employers because it is hard to understand whether an employee actually has a mental health condition and it is...more

California Employment Law Notes - January 2018

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Pioneer Health Services to Pay $85,000 To Settle EEOC Disability Discrimination Suit

Mississippi Health Care Company Illegally Fired Employee After She Underwent Liver Transplant Surgery, Federal Agency Charged - JACKSON, Miss. -- Pioneer Health Services, Inc., a Mississippi corporation that provides...more

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