News & Analysis as of

Reasonable Accommodation Termination Interactive Process

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

K&L Gates LLP on

In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Bradley Arant Boult Cummings LLP

3 Steps to Figuring Out ADA Reasonable Accommodations for Mental Illness

What do you do when an employee discloses that he or she is stressed out and needs a reasonable accommodation under the Americans with Disabilities Act, but the requested accommodation strikes you as unreasonable? If you are...more

Jackson Lewis P.C.

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

Jackson Lewis P.C. on

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Foley & Lardner LLP

When Seemingly Indefinite Leave and Non-Cooperation Makes a Leave of Absence Unreasonable

Foley & Lardner LLP on

A recent decision from the Court of Appeals for the District of Columbia provides a result that employers may often think they do not see enough in labor and employment law: a common sense solution to a situation that...more

Miles & Stockbridge P.C.

Alcohol-Related Firing of USC Football Coach Raises ADA Concerns

Miles & Stockbridge P.C. on

On October 12, 2015, the University of Southern California (“USC”) fired Steve Sarkisian, USC’s head football coach. Sarkisian’s firing appears to be in response to two alcohol-related incidents and, therefore, may raise...more

Proskauer - California Employment Law

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

Foley & Lardner LLP

No Coach Necessary for Potty-Mouth Employee

Foley & Lardner LLP on

As we have recently noted, and as many employers have probably bemoaned a time or two, sometimes it feels like the legal concept of “reasonable accommodation” has little to do with real-world notions of what is reasonable,...more

Manatt, Phelps & Phillips, LLP

Pregnancy Disability Leave: Not a Matter of Simple Math

Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act....more

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

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

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