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Disability Reasonable Accommodation

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

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Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Littler

Awareness to Action: The Progress and Future of UK Disability Laws

Littler on

Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical...more

Epstein Becker & Green

A New Prescription for Access: The Department of Justice Celebrates Anniversary of the ADA by Finally Issuing Title II Medical...

Epstein Becker & Green on

To honor the 34th anniversary of the Americans with Disabilities Act (ADA), on July 26, 2024, the U.S. Department of Justice (DOJ) signed a long-awaited final rule to improve access to medical diagnostic equipment (MDE) for...more

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

Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases

On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S....more

Hanzo

Disability Pride Month: A Commitment to Inclusion and Equality

Hanzo on

As we celebrate Disability Pride Month this July, it’s essential to reflect on the purpose and significance of this important observance. Disability Pride Month is a time to honor the achievements, history, and contributions...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Bradley Arant Boult Cummings LLP

Get Interactive! Searching for ADA Accommodations with Employees

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more

Sands Anderson PC

(Un)reasonable Accommodations: 3 Takeaways From the Fourth Circuit’s Tartaro-McGowan Decision

Sands Anderson PC on

The Fourth Circuit has handed down a decision that provides helpful guidance to employers seeking to provide reasonable accommodations in compliance with the Americans with Disabilities Act (ADA)....more

A&O Shearman

Summary of 2024 Amendments to the Equality Act 2010

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We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says ADA Accommodation Request Must Relate to Employee's Medical Condition

When does an employee’s request for accommodations not fall under the Americans with Disabilities Act? According to a decision this week from the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...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

Bradley Arant Boult Cummings LLP

ADA Speed Bump Ahead: Steer Clear of Eliminating Essential Functions

When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because...more

Cranfill Sumner LLP

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

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On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Spilman Thomas & Battle, PLLC

DHHS and New Disability Protections Under Section 504

The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation for driving to the office? Are you kidding?

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Jackson Lewis P.C.

 The ADA and Visual Disabilities in the Workplace

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) issued new technical assistance document (“TAD”), “Visual Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with...more

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

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Poyner Spruill LLP

Fourth Circuit Finds Leave of Absence is Reasonable Accommodation Under ADA

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The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability.  One form of such discrimination is failing to provide reasonable...more

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

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Consideration of Disability-Related Requests for Modification of Premises Under State and Federal Law

The Federal Fair Housing Act (FHA), as well as the substantially similar Florida Fair Housing Act (FFHA), prohibits discrimination in housing based on a person’s disability. As “housing providers,” homeowners associations and...more

K&L Gates LLP

11th Circuit Creates Circuit Split Holding that an "Adverse Act" Is Needed to Bring an ADA Claim for Failure to Accommodate

K&L Gates LLP on

Overview - On 24 May 2023, in Beasley v. O’Reilly Auto Parts, the United States Court of Appeals for the Eleventh Circuit created a split in the circuit courts by holding that an employee must establish the occurrence of an...more

Littler

New Jersey Court Imposes Limits on State Law’s Near-Limitless Definition of Disability

Littler on

Although both the New Jersey Law Against Discrimination (LAD) and the federal Americans with Disabilities Act (ADA) prohibit disability and perceived disability discrimination in the workplace, the LAD definition of...more

Miles & Stockbridge P.C.

EEOC Post-Pandemic Guidance for Employers

Over the past three years, employers have navigated various workplace issues impacted by the COVID-19 pandemic, including remote work, vaccination, contraction of COVID-19 in the workplace and workplace accommodations, among...more

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