News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Best Management Practices

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

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Fisher Phillips

Web Exclusive: Don’t Panic! 3 Things Dealerships Need To Know About Latest ADA Court Ruling

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For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more

Parker Poe Adams & Bernstein LLP

Employers Can Reject Accommodations That Do Not Facilitate Job Performance

A client recently received a request from a salesperson who suffers from depression, anxiety, and post-traumatic stress disorder. The employee said that certain customers acted in ways that triggered her symptoms, and she...more

Fisher Phillips

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

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Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

Sands Anderson PC

Employee Performance and Disability: A Short Course on Evaluation Under the ADA

Sands Anderson PC on

Act I: The Problem - Jason is a veteran middle school math teacher who has been in the classroom for more than twenty years. He has never been a strong teacher. The principal who worked with him for the bulk of his...more

Nutter McClennen & Fish LLP

When is Additional Leave a Reasonable Accommodation to an Employee’s Disability?

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, addressed when additional leave is a reasonable accommodation to an employee’s...more

Smith Anderson

Americans with Disabilities Act: Focusing on Reasonable Accommodations

Smith Anderson on

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

Seyfarth Shaw LLP

Can that Doggie in the Window … Enter my Store?

Seyfarth Shaw LLP on

Readers will recall that we recently corralled the law on “Assistive Animals” in the workplace, here. Now, in part two of our mini-series, we pony up an explanation of the rules governing the use of service animals by...more

Akerman LLP - HR Defense

Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law

In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York State law, an employee must be provided with the precise...more

Foley & Lardner LLP

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

Foley & Lardner LLP on

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

FordHarrison

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Gray Reed

Employment Law 101: Americans with Disabilities Act

Gray Reed on

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more

Foley & Lardner LLP

Mental Health and the Workplace — Accommodations

Foley & Lardner LLP on

Depression. Anxiety. Bipolar Disorder. These and similar mental health diagnoses may affect your boss, the CEO of your company, the head of HR, your assistant, two of your peer workers, or maybe even you....more

K&L Gates LLP

Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

K&L Gates LLP on

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination...more

Gray Reed

Employment Law 101: Pregnancy Discrimination

Gray Reed on

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more

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