News & Analysis as of

Disability Discrimination Duty to Accommodate

Littler

Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

Littler on

On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

McManis Faulkner

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Grand Hyatt For Disability Discrimination

Hotel Denied Accommodations, Including the Use of a Chair, to a Front Desk Agent with a Chronic Back Impairment, Federal Agency Charges - NEW YORK - Grand Hyatt New York, Inc., which operates a large hotel in New York...more

McAfee & Taft

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

McAfee & Taft on

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more

Chambliss, Bahner & Stophel, P.C.

Government's Duty to Accommodate People with Disabilities in Natural Disasters

Hurricanes, floods and wildfires have ravaged large swaths of the U.S. this year. Every major natural disaster disproportionately harms society’s most vulnerable populations, particularly people with disabilities....more

Ruder Ware

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Ruder Ware on

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

Seyfarth Shaw LLP

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Jackson Lewis P.C.

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

Jackson Lewis P.C. on

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

Carlton Fields

Does Your Company Website Violate the ADA? Part 2-Top Ten Considerations for a Web Accessibility Policy

Carlton Fields on

In Part I of this series, we discussed the uncertainty concerning whether the Americans with Disabilities Act (ADA) applies to websites of private businesses, and, if so, the specific requirements that would apply to...more

Farella Braun + Martel LLP

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Hinshaw & Culbertson LLP

Supreme Court Vacates 4th Circuit in UPS Pregnancy Discrimination Case, But Rejects EEOC's "Most Favored Employee" Argument

Since the case was argued on December 3, 2014, practitioners and clients alike have been anxiously awaiting the Supreme Court's decision in Young v. United Parcel Service, Inc. That wait is over as the Supreme Court issued a...more

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