The Americans with Disabilities Act (ADA) requires that employers reasonably accommodate employees with disabilities, including allowing modified work schedules when appropriate. One federal appellate court has addressed that issue, overlaid with the question of accommodating an employee’s postpartum depression after FMLA leave, and has held that a lower court wrongly concluded that full-time presence was
Is additional time off after a leave of absence a “reasonable” accommodation? The answer is unclear, and usually is “It depends.” Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC’s 2016 Guidance on medical leaves under the Americans with Disabilities Act.
The Americans with Disabilities Act (ADA) requires both a disabled employee and her employer to work interactively to identify reasonable accommodations for the disabled employee. The 7th U.S. Circuit Court of Appeals has underscored that requirement by dismissing the claims of an individual who, it found, failed to engage fully in the interactive process.
In a recent unpublished opinion, the 11th U.S. Circuit Court of Appeals issued a carefully considered and well-structured instruction for those who want to further understand the concept of “essential functions” of a position in cases under the Americans with Disabilities Act (ADA). Bagwell v. Morgan County Commission, No. 15-15274 (11th Cir., January
As of August 17, 2016, and according to the Center for Disease Control (CDC), there are 2260 cases of Zika virus in the United States, 14 of which were “locally acquired mosquito-borne cases” (all 14 of those are in Florida), and the remainder of which are “travel associated.” The CDC also reports 8035 cases of
To support a failure-to-accommodate claim under the Americans with Disabilities Act, a plaintiff must establish both a prima facie case of discrimination and an employer’s failure to accommodate it. But how far must an employer go to fulfill the “interactive process” requirement of the ADA in deciding upon and implementing a reasonable accommodation? A recent
Government contractors and subcontractors have one more thing of which to be aware when it comes to accommodating disabled individuals. The Office of Federal Contract Compliance Programs (OFCCP), part of the U.S. Department of Labor, has created a new “Requesting a Reasonable Accommodation” pocket card.
According to the OFCCP’s official announcement, the card “helps
Does an individual have to be disabled in order to bring a lawsuit under the retaliation provision of the Americans with Disabilities Act (ADA)? The 6th U.S. Circuit Court of Appeals says No.
In a recent unpublished opinion, that court reversed a lower court’s dismissal of an ADA retaliation claim, pointing out that an
The 9th U.S. Circuit Court of Appeals has determined that an employee’s reaction to stress that included threats to kill co-workers – made in “chilling detail and on multiple occasions” – meant that the individual could not perform an essential function of his job and, therefore, was not a “qualified individual” for protection under
The U.S. Supreme Court’s decision on June 1, 2015, in EEOC v. Abercrombie & Fitch Stores, Inc. (FEP Cases 157) has resulted in a deluge of case summaries and commentaries, and engendered some level of panic among employers, who believe that the case has created a seismic shift in hiring criteria. But has it, really?
