News & Analysis as of

Failure to Accommodate

Offit Kurman

Jury Awards Employee $22.5 Million For Employer’s Improper Denial of Pregnancy Accommodation Request

Offit Kurman on

When dealing with injured, sick, or pregnant employees, employers must exercise extreme diligence when denying an accommodation request; it is not as clear-cut as it might appear....more

Goldberg Segalla

Accommodating an Employee’s Sincerely Held Religious Belief – A Pennsylvania District Court Offers a Roadmap

Goldberg Segalla on

A recent federal court case heard by Chief Judge Matthew Brann for the Middle District of Pennsylvania provides employers with guidance on how to address an employee’s request for an accommodation based upon a sincerely held...more

CDF Labor Law LLP

AB 1940: California Moves to Expressly Protect Employees Experiencing Menopause Under FEHA

CDF Labor Law LLP on

California lawmakers introduced Assembly Bill 1940 (AB 1940) in February 2026 to expressly include perimenopause, menopause, and postmenopause within the definition of “sex” under the California Fair Employment and Housing...more

Blake, Cassels & Graydon LLP

Limites de l’accommodement raisonnable en droit du travail : rappels récents

L’obligation d’accommodement raisonnable, issue de l’article 10 de la Charte des droits et libertés de la personne (la « Charte »), impose à l’employeur d’adapter certaines règles, pratiques ou exigences professionnelles afin...more

Venable LLP

Are Employees Entitled to Remote Work Accommodations Because of Common Anxiety or Long Commutes?

Venable LLP on

Many employers value at least some amount of in-person work and collaboration. So, what are the options for employers faced with requests from employees asking for exemptions from in-person work policies? ...more

Constangy, Brooks, Smith & Prophete, LLP

Simply divine! 10 "easy" steps to religious accommodation

These are nothing short of miraculous. I recently posted about 10 “easy” steps to considering and making reasonable accommodations for disabilities, pregnancy, and pregnancy-related conditions. Before I move off the...more

Dickinson Wright

You Just Saved Us a Lawsuit: $22.5M Verdict Redefines Ohio Employer Accommodations

Dickinson Wright on

On March 18, 2026, an Ohio jury delivered what may be the most consequential employer-accommodation verdict in the state’s history, and it was not even brought as an accommodation case....more

Walkers

Disability discrimination: Guernsey Tribunal's first substantive decision

Walkers on

It may be possible to defend a disability discrimination claim on the basis that the employee is not capable of fulfilling the essential functions of the role, even where a fair dismissal process is not followed. ...more

Steptoe & Johnson PLLC

Ohio Jury Awards $22.5 Million in Pregnancy Accommodation/Wrongful Death Case

Steptoe & Johnson PLLC on

A recent Ohio jury verdict underscores the legal and operational risks employers face when responding to accommodation requests involving pregnancy-related medical conditions. In Larkin v. Total Quality Logistics, LLC...more

Amundsen Davis LLC

Mistakes Employers Make During the ADA Accommodation Process and How to Avoid Them

Amundsen Davis LLC on

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so...more

Perkins Coie

Exhaustion and EEOC Intake Errors

Perkins Coie on

In Seredina v. W.L. Gore & Associates, 2025 WL 2257538 (D. Ariz. Aug. 7, 2025), the U.S. District Court for the District of Arizona granted in part and denied in part the employer’s motion for partial summary judgment,...more

Keating Muething & Klekamp PLL

Back to the Office: The EEOC Clarifies the Limits of Telework Under the ADA

On February 11, 2026, the EEOC released guidance addressing telework as a reasonable accommodation under the Rehabilitation Act and Americans with Disabilities Act (“ADA”), providing a framework for employers managing...more

Parker Poe Adams & Bernstein LLP

EEOC Provides Guidance on Assessing Telework Requests and ADA Obligations

On January 20, 2025, President Trump issued a memorandum instructing federal agencies to end employee telework arrangements, consistent with applicable law. ...more

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

Reasonable Accommodation Lessons From the EEOC’s New Telework Guidance

As return-to-office mandates rise, so, too, do employee requests for telework accommodations under the Americans with Disabilities Act (ADA). On February 11, 2026, the U.S. Equal Employment Opportunity Commission (EEOC)...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Disabled Plaintiff Not Qualified if Unable to Perform Job Functions

When faced with a disabled employee’s request for accommodation, employers sometimes base their response to the request on whether the worker’s proposed accommodation presents an undue hardship to the business in terms of...more

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

Remote Control: When Employers Can Reject Work-From-Home Accommodation Requests

Requests for remote work accommodations are on the rise, and a recent decision from the U.S. Court of Appeals for the Fourth Circuit, Haggins v. Wilson Air Center, LLC, offers timely guidance to employers navigating such...more

Maison Law

Disability Accommodations and Premises Liability Claims in California

Maison Law on

In California, businesses need to have accommodations for people with disabilities. Businesses with five or more employees are held to a higher standard regarding disability accommodations. A disability accommodation can...more

Poyner Spruill LLP

Fourth Circuit Continues to Define Limits of “Qualified Individual” Status Under ADA

Poyner Spruill LLP on

The Americans with Disabilities Act (ADA) protects “qualified individuals” with a disability from job discrimination, and imposes upon employers the duty to reasonably accommodate such individuals. But what happens when, even...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Refusal to Work Hybrid Schedule Dooms ADA Claim

The Americans with Disabilities Act is not an entitlement statute. This means that in order to be a qualified protected individual under the law, an employee must be able to perform the essential functions of the job, with or...more

Littler

Littler Lightbulb – December 2025 Employment Appellate Roundup

Littler on

Fourth Circuit Affirms Summary Judgment for Employer in Failure to Promote Race and Gender Discrimination Case - Hood-Wilson v. Board of Trustees of the Community College of Baltimore County, 162 F.4th 101 (4th Cir. Dec. 12,...more

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

New York Federal Court Says Denial of Remote Work Not Equivalent to Disability Discrimination

On January 2, 2026, the U.S. District Court for the Southern District of New York ruled that the denial of an employee’s request to continue working from home as a disability accommodation was not enough to constitute...more

Parker Poe Adams & Bernstein LLP

Employee's Ability to Rotate Among Jobs Deemed Essential Job Function

Many employers require employees to cross-train in order to handle a number of different job duties. In some situations, this can help the company cover employee absences. In others, it might help avoid repetitive motion...more

Foley & Lardner LLP

The ADA Accommodation Gap: Why Employers Struggle and How a Better Process Can Help

Foley & Lardner LLP on

As 2025 drew to a close, we continued to see employers lose jury trials and face million-dollar verdicts because they ignored the basics of the interactive process requirements under the American with Disabilities Act (ADA)....more

Proskauer - California Employment Law

Closing Out the Year with a Bang: Two Nuclear California Employment Verdicts Employers Won’t Soon Forget

As 2025 winds down, many employers are focused on year-end reviews, budget planning, and compliance checklists for the year ahead. But before turning the page on another year in California employment law, two recent jury...more

Blake, Cassels & Graydon LLP

Approches concrètes pour les demandes de mesures d’adaptation en milieu de travail

Les mesures d’adaptation en vertu de la législation sur les droits de la personne constituent une responsabilité fondamentale des employeurs canadiens. À mesure qu’évoluent les types de demandes, il est important de...more

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