ADA Compliance for Medical and Dental Practices: Responding to Inquiries and Investigations
Employment Law Now VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act
DE Talk | Using Employment Networks to Connect with Individuals with Disabilities in an Ever-Changing Workforce
Managing Employee Leave Under the FMLA and ADA
(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process
Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter
The Burr Broadcast: Key Differences Between PWFA and ADA
Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant
Ad Law Tool Kit Show – Episode 10 – Website Accessibility
Work This Way: A Labor & Employment Law Podcast | Episode 3: Top Labor & Employment Issues for 2024 with Jennie Cluverius, Cherie Blackburn, and Christy Rogers
ADA Website Accessibility: Insights and Updates — The Consumer Finance Podcast
Workplace Accommodation after COVID: Legal Update
DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery
The Chartwell Chronicles: Employment Law
DE Under 3: Diving into DEAMcon23 – Accommodations, DEIB, Disability & More
Illinois Federal Court Dismisses CFPB's First Redlining Case, Holding ECOA Doesn't Extend to Prospective Applicants - The Consumer Finance Podcast
Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
Employment Law Now VI-119 - What Did You Miss This Summer?
Recent Developments in ADA Website Accessibility Compliance - The Consumer Finance Podcast
In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the scope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations....more
When facing requests from a qualified disabled worker, the Americans with Disabilities Act allows employers to choose an effective accommodation, even if it is not the one preferred by the employee. Earlier this week, the...more
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more
Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...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
On November 18, 2020, the United States Court of Appeals for the Fourth Circuit upheld a decision that retailer Lowe’s Home Centers LLC (“Lowe’s”) did not violate the Americans with Disabilities Act (ADA) when it removed a...more
In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more
In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more
From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back...more
Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers, courts have grappled with the reasonableness of...more
When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more
Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more
Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more
There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more
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
Contrary to the Equal Employment Opportunity Commission’s (EEOC) position discussed in last week’s EmployNews, federal courts continue to allow employers to require employees to actually come to work. Last month, the Fifth...more
In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more
The Americans With Disabilities Act (“ADA”) requires that employers provide employee’s with a qualifying disability with a reasonable accommodation, so long as the same does not represent an undue burden on the employer. ...more
It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more
An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more
Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...more