News & Analysis as of

Interactive Process Undue Hardship Disability Discrimination

Foley & Lardner LLP

Mental Health Awareness Month: Supporting Employee Mental Health While Navigating ADA Compliance

Foley & Lardner LLP on

May is Mental Health Awareness Month — a timely reminder for employers to reflect on how mental health intersects with workplace obligations under the Americans with Disabilities Act (ADA). Many employers across the country...more

Vorys, Sater, Seymour and Pease LLP

Evaluating Remote Work as a Reasonable Accommodation

With many employers contemplating return-to-work directives and many employees seeking and/or needing an accommodation to continue remote work arrangements, employers must be mindful of their obligations under the Americans...more

Jaburg Wilk

ADA Disability In The Age Of COVID-19

Jaburg Wilk on

An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been...more

McAfee & Taft

Expanded disability claim liability for employers - Gavel to Gavel

McAfee & Taft on

Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits. The Americans with Disabilities Act requires employers to reasonably...more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...more

Fisher Phillips

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse - A Practical Business Guide To Federal...

Fisher Phillips on

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Proskauer - Law and the Workplace

New York City “Cooperative Dialogue” Law for Employees Seeking Reasonable Accommodation Takes Effect October 15

New York City’s new law requiring employers to engage in a “cooperative dialogue” with employees requesting reasonable accommodation and provide a written determination at the end of the cooperative dialogue process takes...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

Foley & Lardner LLP

Mass. Court Clouds Marijuana in the Workplace Issues

Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Bowditch & Dewey

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Mintz - Employment Viewpoints

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Holland & Knight LLP

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Seyfarth Shaw LLP

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Windstream for Disability Discrimination

Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more

Bradley Arant Boult Cummings LLP

Happy Birthday ADA and How We Can Celebrate

The Americans with Disabilities Act (ADA) is 25 years old this year. I was a newly minted lawyer when this law emerged in 1990 and as I have grown, so have the number of disability discrimination lawsuits. In celebration of...more

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