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Americans with Disabilities Act (ADA) Reasonable Accommodation Appeals

Seward & Kissel LLP

Employment Litigation Roundup: April 2025

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Second Circuit holds employees get disability accommodations even if not necessary to perform their job - In Tudor v. Whitehall Central School District, the Second Circuit Court of Appeals vacated a lower court’s grant of...more

Perkins Coie

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

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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

Littler

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

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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...

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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

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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

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

Foley & Lardner LLP on

Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...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

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

FordHarrison

Second Circuit Ruling: Employers Must Accommodate Workers Even if They Can Perform Essential Job Functions Without Accommodation

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Real World Impact: The Second Circuit Court of Appeals recently held that absent an undue hardship, an employer must provide a reasonable accommodation to a qualified, disabled employee regardless of whether the employee can...more

Shipman & Goodwin LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

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

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

Poyner Spruill LLP

Tenth Circuit Decision Highlights Importance of Fitness For Duty Assessments Under ADA

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The Americans with Disabilities Act (ADA) places certain limitations on an employer’s ability to ask questions regarding an employee’s medical conditions. One important exception concerns “fitness for duty assessments.” Once...more

Klein Moynihan Turco LLP

Revisiting the Second Circuit’s ADA Lawsuit Standard

In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act...more

McAfee & Taft

Employee loses ADA lawsuit for failing to engage with employer over alternative accommodations

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A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding that the teacher’s failure to engage in discussions with his employer over alternative...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Adams & Reese

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

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...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Does Not Require Employers to Reallocate Nonessential Work Functions

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

Holland & Hart - Employers' Lawyers

What Happens When ADA Accommodations Miss the Mark

As an employer, you exhaustingly hear the repeated recommendation to not only have detailed written policies, but to ensure those policies are followed. Company policies generally ensure compliance with laws and regulations,...more

McAfee & Taft

Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

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Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more

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

Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA

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

Bradley Arant Boult Cummings LLP

Interpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee

Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more

Mintz

U.S. Supreme Court Grants Cert in ADA “Tester” Case

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In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled...more

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