News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Leave of Absence

Holland & Hart - Employers' Lawyers

Pay Obligations During Doctor-Recommended Leave of Absence

Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined....more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

Sands Anderson PC on

Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

Holland & Hart - Employers' Lawyers

Are Your Company’s Return To Work Policies ADA Compliant? Let’s Review!

On Wednesday, October 4, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Public Service Company of New Mexico (PSCNM) and PNMR Services Co. agreed to pay $750,000 (among other terms) to settle a case...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

McDermott Will & Emery

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

Adams and Reese LLP

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

Adams and Reese LLP on

Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Pullman & Comley - Labor, Employment and...

Reduce Your Risk of Employment Claims in 2023 - Tips #3 and #4

This is the second installment in our series, 10 Tips to Reduce Risk of Employment Claims in 2023. Each tip will discuss an issue our Labor & Employment Practice saw last year, along with suggested action steps that employers...more

Venable LLP

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Venable LLP on

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Parker Poe Adams & Bernstein LLP

Employer's Alleged Refusal to Provide Schedule Changes Results in Jury Trial

Employee medical leave issues involving rights under the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) present some of the most complex and dangerous legal situations for employees. Employers...more

Bradley Arant Boult Cummings LLP

Avoid the Naughty List: Eighth Circuit Insight into Handling Requests for Reasonable Accommodations under the ADA

We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more

Bricker Graydon LLP

[Event] Employment Law Hot Topics - November 8th, Columbus, OH

Bricker Graydon LLP on

Bricker & Eckler’s annual “Hot Topics” seminar provides human resources professionals and in-house attorneys with insight into ongoing and emerging labor and employment issues. This year, we are pleased to partner with Scotts...more

Poyner Spruill LLP

[Webinar] Mental Health In the Workplace - September 22nd, 12:00 pm EST

Poyner Spruill LLP on

The EEOC and the DOL have released guidance on employer obligations under the Americans with Disabilities Act and the Family Medical Leave Act when employees have mental health issues that interfere with their ability to...more

Stoel Rives - World of Employment

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more

Bradley Arant Boult Cummings LLP

Leave as a Reasonable Accommodation Continues to Vex Employers

Admittedly, it is a tricky situation. An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more

Fox Rothschild LLP

Reasonable Accommodations And The Key To NYC Vaccine Mandate

Fox Rothschild LLP on

As hospitality establishments in New York City are well-aware, starting on September 13, 2021, the city will impose fines on restaurants, bars and event venues that do not comply with the Key to NYC vaccination mandate. As it...more

Fox Rothschild LLP

NYC Issues Guidance On Accommodations For ‘Key To NYC’ Vaccine Mandate

Fox Rothschild LLP on

The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...more

Foley & Lardner LLP

Federal Court Says It Is OK to Consult With Counsel Before Taking Employment Action

Foley & Lardner LLP on

A recent decision from the U.S. Court of Appeals for the First Circuit (covering Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) examining retaliatory employment conduct reinforces the advisory nature of...more

Sherman & Howard L.L.C.

[Virtual] 2021 Labor & Employment Seminar for In-house Counsel and HR Professionals - June 3rd, 9:00 am - 2:00 pm MT

Join Sherman & Howard virtually for our annual Labor & Employment seminar. This event features dynamic speakers and practical takeaways for in-house counsel and HR professionals. FEATURED PRESENTATIONS: - Supreme Court...more

Laner Muchin, Ltd.

Seventh Circuit Affirms that Multi-Month Leave of Absence Is Not Reasonable Accommodation Under ADA

Laner Muchin, Ltd. on

In a recent opinion, the United States Court of Appeals for the Seventh Circuit affirmed that a multi-month leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA)....more

Moritt Hock & Hamroff LLP

Updated Covid-19 Guidance For New York Employers At The New Year

New legislation and guidance from the Equal Employment Opportunity Commission (the “EEOC”) have reset employer obligations regarding COVID-19 and vaccination leaves of absence. COVID-19 Leaves of Absence - On...more

Jackson Lewis P.C.

Seventh Circuit Continues To Find That Lengthy Leaves Of Absence May Not Be Reasonable Accommodations Under The ADA

Jackson Lewis P.C. on

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA...more

Bradley Arant Boult Cummings LLP

Lessons from the 2020 Pandemic: Navigating Employee Leave, Accommodations, and Preventative Health Measures in Schools

COVID-19 has rocked our world and changed the landscape of workplaces everywhere-including in schools. While we've navigated short-term emergency legislation and (we hope) short-term virtual learning arrangements in 2020, we...more

U.S. Equal Employment Opportunity Commission...

Sierra Academy of Aeronautics to Settle EEOC Disability and Retaliation Lawsuit

Flight Instruction Companies Fired Employee With Disability for Taking a Medical Leave of Absence, Federal Agency Charged - FRESNO, Calif. –KS Aviation, Inc., doing business as the Sierra Academy of Aeronautics in...more

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