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Reasonable Accommodation Americans with Disabilities Act (ADA)

Burr & Forman

Managing Employee Leave: A Guide to Compliance and Best Practices

Burr & Forman on

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining...more

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

Bradley Arant Boult Cummings LLP

Ready for the Recent Arrival? Pregnant Workers Fairness Act is Here and Kicking

As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more

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

When Emotional Support and Service Animals Fall Short: ADA Lessons From Fisher v. City of Lansing

On April 29, 2025, in Fisher v. City of Lansing, the U.S. District Court for the Western District of Michigan ruled that the City of Lansing did not fail to accommodate an employee’s request to bring an emotional support dog...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Berkshire

Dear Berkshire: Can Contractors Ask About Disability Status Beyond the Self ID Form?

Berkshire on

The following content was developed as part of our new blog column, “Dear Berkshire.” Instead of trying to anticipate the challenges you're facing at work, we’re going straight to the source. Every several weeks, one of our...more

Seward & Kissel LLP

Employment Litigation Roundup: April 2025

Seward & Kissel LLP on

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

Lathrop GPM

California Federal Court Dismisses ADA and California Unruh Act Claims Against Franchisor

Lathrop GPM on

A federal court in California granted Dunkin’ Donuts’ motion to dismiss claims by customers alleging that a surcharge for non-dairy substitutes in beverages discriminated against customers with lactose intolerance and milk...more

Perkins Coie

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

Perkins Coie on

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

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...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

Venable LLP

Do Employers Need to Provide Indefinite Remote Work as a Reasonable Accommodation?

Venable LLP on

Employers are increasing the push for employees to return to physical workplaces. Whether through flexible hybrid models or return-to-office mandates, companies are reevaluating what work looks like in a post-pandemic world....more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

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

Littler

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

Littler on

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...

Cole Schotz on

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

Seyfarth Shaw LLP on

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

Parker Poe Adams & Bernstein LLP

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more

Offit Kurman

Does Your Dress Code Discriminate? What Employers Need to Know

Offit Kurman on

In the ever-evolving landscape of workplace discrimination laws, savvy employers are reexamining longstanding policies—including those that may not seem controversial at first glance. One of the most commonly overlooked (yet...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

Saul Ewing LLP

Second Circuit Holds ADA May Require Accommodation Even If Employee Can Perform Job Functions Without One

Saul Ewing LLP on

On March 25, 2025, the Second Circuit clarified the Americans with Disabilities Act (ADA) standard on reasonable accommodations. Specifically, in Tudor v. Whitehall Central School District, the court held that an employee may...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Fisher Phillips

Workers Who Can Still Perform Job Without Accommodation Permitted to Advance ADA Claim: What Employers Need to Know

Fisher Phillips on

A federal appeals court recently clarified that an employee may qualify for a reasonable accommodation under the Americans with Disabilities Act (ADA) even if they can perform essential job functions without such an...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Clarifies Standard for Reasonable Accommodation Requests Under the ADA

The Second Circuit's decision in Tudor v. Whitehall Central School District is a significant ruling that clarifies the standard for reasonable accommodation requests under the Americans with Disabilities Act (ADA). This...more

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