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Americans with Disabilities Act (ADA) › Employee Rights › Failure to Accommodate

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Parker Poe Adams & Bernstein LLP

Unreasonable Delay in Granting Accommodation Can Violate ADA

Parker Poe Adams & Bernstein LLP on

When an employee requests an accommodation under the Americans with Disabilities Act, this sets into motion an interactive process intended to determine whether the requested accommodation is both reasonable and effective....more

McGlinchey Stafford

Fifth Circuit: Employer’s Unreasonably Delayed Response Is Failure to Accommodate

McGlinchey Stafford on

This decision surrounds the case of Alisha Strife v. Aldine Independent School District, in which the plaintiff, a U.S. Army veteran employed in the school district’s Human Resources department, requested an accommodation for...more

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

New Mexico Legalizes Medical Use of Psilocybin

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

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and...more

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

Venable LLP on

Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Parker Poe Adams & Bernstein LLP

Disabled Employee Who Can Perform Job Still Entitled to Accommodations

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act defines a protected qualified individual as one who can perform the essential functions of the job, with or without reasonable accommodations. ...more

Vedder Price

The Second Circuit Holds That Reasonable Accommodations Under the ADAMay Be Required Even When Not Necessary to the Performance of...

Vedder Price on

On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall...more

Shipman & Goodwin LLP

Second Circuit ADA Case a Game-Changer for Employee Accommodation Requests

Shipman & Goodwin LLP on

Last week, the Second Circuit Court of Appeals announced a significant change to the standard by which employers must address disability-related accommodation requests. In Tudor v. Whitehall Central School District, Case No....more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Proskauer - Law and the Workplace on

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Constangy, Brooks, Smith & Prophete, LLP on

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

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

Job Description Not Detailed Enough to Prove Night Shift Is Essential Function of Job

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

A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more

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