(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
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Nonprofit Denied Accommodations to Deaf and Hard-of-Hearing Employees and Fired Employees Who Requested Medical Leave, Federal Agency Charged - WASHINGTON – Didlake, Inc., a government contractor that provides janitorial...more
Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more
Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...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
Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more
Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more
Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more
This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more
Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more
RV Manufacturer Refused to Grant Less Than a Week of Unpaid Leave to Disabled Employee And Terminated Him Instead, Federal Agency Charges - INDIANAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) announced...more
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
The Americans with Disabilities Act (ADA) protects individuals with substantial impairment of a major life activity. In the past, this definition was interpreted by federal courts to limit ADA coverage to persons with chronic...more
The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more
Chicago Company Refused to Permit a Qualified Employee With A Disability to Return to His Position Following Medical Leave, Federal Agency Charged - CHICAGO – S&C Electric Company, a designer and manufacturer of switching...more
Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more
Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more
A common question among employers faced with determining whether an employee can safely perform the essential functions of their job is how much and what type of medical information and records can be requested from the...more
Companies Fired Employee Following His Heart Attack and While Out on Short-Term Disability Leave, Federal Agency Charged - HOUSTON – Two oil and gas exploration companies -- Vantage Energy Services, Inc. and Vantage...more
Fabrication, Coating, and Assembly Company Terminated Employee Because of His Depression, Federal Agency Charges - ATLANTA – Headquartered in Milner, Georgia, Ranew’s Management Company, Inc., local, state, and national...more
In 2020, as COVID-19 cases were mounting, many employers were tasked with following the brand-new Families First Coronavirus Response Act (“FFCRA”), which provided a framework and tax credits for paid leave, including paid...more
Trucking Company Refused to Hire Applicant After Learning He Had Taken Medical Leave at a Previous Job, Federal Agency Charges - DALLAS – A refrigerated transport carrier that services major companies in need of...more
The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more
In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more
The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more