Reasonable accommodation

An employee fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her “social anxiety disorder” is being allowed by the 4th U.S. Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, 4th Circ., No.

A diabetic employee who quit her job in response to the employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), because she failed to participate in the interactive process in good faith, according to the 1st U.S. Circuit Court of Appeals. EEOC v. Kohl’s Dep’t Stores, Inc.,

A policy allowing an individual to work from home does not vitiate the fact that punctuality and predictable attendance are essential functions of a position. According to the 7th U.S. Circuit Court of Appeals, an employee’s ongoing tardiness – although numerous modifications had been made to her schedule and workload to allow flexibility in

Job restructuring is one of the accommodations that an employer must consider under the Americans with Disabilities Act (ADA) and its regulations. Recently, the 7th U.S. Circuit Court of Appeals held that if a minor adjustment to the work duties of a few other nursing home employees would have enabled the home’s hairdresser to

One of the questions most frequently asked by employers is whether an employee’s failure to comply with company policies regarding a return-to-work release can support termination of the individual’s employment. While courts differ on that issue depending upon judicial circuit and the specific facts of the case, the 8th U.S. Circuit Court of Appeals

One federal court – the U.S. District Court for the Northern District of Illinois – recently reviewed a case in which a pregnant employee was terminated after informing her employer that she would be subject to a lifting restriction beginning at the 20th week of her pregnancy. Although the employee was only in her

The Equal Employment Opportunity Commission (EEOC) has issued its first comprehensive update of a 1983 Compliance Manual chapter on the subject of the Pregnancy Discrimination Act (PDA) and related issues. The Guidance, which was not submitted for public comment prior to its issuance, also discusses the application of the Americans with Disabilities Act (ADA),

To prevail on a claim of retaliation under federal law, an employee must prove he or she engaged in a “protected activity” under an anti-discrimination statute, and subsequently suffered an adverse employment action. In addition, the employee must establish that the protected activity was “causally connected” to the employer’s adverse action.

The 4th U.S.

The U.S. District Court for the Northern District of Illinois denied a motion filed by United Parcel Service, Inc. (UPS) to dismiss a claim by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging the company’s leave policy. The challenged policy requires that employees “be administratively separated” from employment