News & Analysis as of

Americans with Disabilities Act (ADA) Employer Responsibilities Employment Litigation

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Bradley Arant Boult Cummings LLP

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

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

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

Parker Poe Adams & Bernstein LLP

ADA Does Not Excuse Disruptive Employee Behavior but May Require Accommodations to Help Avoid Outbursts

Recently, we have seen an unusual spike in client situations involving legal claims associated with discipline or discharge of employees who engage in threatening or disruptive behavior in the workplace....more

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

McAfee & Taft

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Perkins Coie

April Tip of the Month: Second Circuit Opines on Reasonable Accommodation Issue

Perkins Coie on

On March 25, 2025, the U.S. Court of Appeals for the Second Circuit clarified and potentially broadened the scope of an employer’s responsibility to offer reasonable accommodations under the Americans with Disabilities Act...more

Parker Poe Adams & Bernstein LLP

Shifting Eliminated Position's Duties to Nondisabled Workers Not Evidence of Discrimination

Employers sometimes believe that eliminating a job position instead of terminating an employee for poor performance gives them a "get out of jail free" card for purposes of avoiding legal claims associated with the decision....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

Vorys, Sater, Seymour and Pease LLP

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Littler

Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It

Littler on

The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for...more

Cole Schotz

Second Circuit Holds That Employees May Qualify For Reasonable ADA Accommodations, Even If They Are Not Necessary For Job...

Cole Schotz on

On March 25, 2025, the Second Circuit Court of Appeals ruled in Tudor v. Whitehall Central School District, that an employee with a disability may qualify for a reasonable accommodation under the Americans with Disabilities...more

Seyfarth Shaw LLP

The New Standard for Reasonable Accommodations in the Second Circuit

Seyfarth Shaw LLP on

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more

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

Second Circuit Adopts Broad Reading of ADA Protections in Recent Workplace Accommodations Case

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

Bradley Arant Boult Cummings LLP

Another Type of COVID Long Haul—Future Discrimination Suits?

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Jones Day

Avoiding Pandemic-Related Employment Litigation and Disputes

Jones Day on

Employers navigating the coronavirus (COVID-19) pandemic cannot ignore the threat of labor and employment claims that may arise from the crisis. Indeed, a steady stream of pandemic-related lawsuits have already been filed,...more

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