News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Light-Duty Positions

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - August 9th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Stevens & Lee

Pregnant Workers Fairness Act Expands Protections and Employer Obligations

Stevens & Lee on

Employers take note: a new law creates a request for accommodation framework for employees with known limitations due to pregnancy, childbirth or related conditions that is similar to the Americans with Disabilities Act...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - May 11th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more

Constangy, Brooks, Smith & Prophete, LLP

Employer Gets Whacked On Workers' Comp, FMLA Overlap

Bless this employer's heart. Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more

Jackson Lewis P.C.

Don’t Forget About Unpaid Leave As A Possible Reasonable Accommodation In Manufacturing

Jackson Lewis P.C. on

Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face. If the employee’s...more

Poyner Spruill LLP

EEOC Settlement of Pregnancy Discrimination Charge Highlights Right to Accommodation

Poyner Spruill LLP on

On September 17, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that a charge of discrimination against United Parcel Service, Inc. (UPS), alleging failure to accommodate in...more

Jackson Lewis P.C.

The ADA, Occupational Injuries And Light Duty

Jackson Lewis P.C. on

It is not uncommon for employees who are on leave and receiving workers’ compensation benefits to be released to return to work with light duty restrictions. To account for these situations, some employers have designated...more

U.S. Equal Employment Opportunity Commission...

Harborview Senior Care Properties to Pay $21,000 to Settle EEOC Disability Suit

Employee Fired for Exceeding Two-Week Maximum Leave Policy, Federal Agency Charged - RALEIGH, N.C. - Senior Care Properties, Inc., doing business as Harborview Rehabilitation and Healthcare Center, will pay $21,000 and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Trinity Health for Pregnancy Discrimination

Medical Provider Refused to Keep Pregnant Worker on the Job Working Light Duty and Instead Fired Her, Federal Agency Charges - MINNEAPOLIS - Trinity Health, an integrated healthcare provider with 2,500 employees...more

U.S. Equal Employment Opportunity Commission...

Justice Department Settles Pregnancy and Disability Discrimination Lawsuit Against City of Florence, Kentucky

WASHINGTON - The Justice Department filed a proposed consent decree with the city of Florence, Kentucky, to resolve a pregnancy and disability discrimination lawsuit brought by the department under Title VII of the Civil...more

Seyfarth Shaw LLP

Fifth Circuit Flips Grant Of Summary Judgment Against EEOC in ADA Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action regarding disability discrimination, the Fifth Circuit reversed a District Court’s grant of summary judgment in favor of the employer and against the EEOC, noting that even though the...more

Bradley Arant Boult Cummings LLP

When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working

In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

Parker Poe Adams & Bernstein LLP

Permanent Light Duty Not Required Under ADA

Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more

Bradley Arant Boult Cummings LLP

Never Forever: Indefinite Extension of Light-Duty Not Required Under ADA (Per Eleventh Circuit)

Employers evaluating ADA reasonable accommodation requests often must decide whether they have to provide extended light duty for an injured employee. In Frazier-White v. Gee, the Eleventh Circuit recently provided helpful...more

Sherman & Howard L.L.C.

Employer May Eliminate Light Duty Job

In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they...more

Laner Muchin, Ltd.

Light Duty Takes Hard Hit

Laner Muchin, Ltd. on

Many employers have what they call “light duty” policies whereby they allow employees to continue working even though the employees are unable to perform some of the essential functions of their jobs. Very few employers can...more

Robinson & Cole LLP

“Light Duty” Work Assignments in Doubt: Supreme Court Adopts New Pregnancy Discrimination Standard Affecting Manufacturers

Robinson & Cole LLP on

The United States Supreme Court issued its much anticipated decision in Young v. United Parcel Service, (U.S. Sup. Ct., March 24, 2015), in which the Court set forth a new standard for litigating pregnancy discrimination...more

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

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

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

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

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