Reasonable accommodation

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

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.,

Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws – which often are more expansive – must be taken into account when making disciplinary and termination decisions related to protected individuals.

In a case decided under New York state laws, that state’s highest court reversed summary judgment for

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

In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work was a reasonable accommodation for her disability. White v. Security First Associated Agency, Inc.,et al, 6th Cir.,

One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed on his claim that an employer’s refusal to allow him to work days violated the Americans with Disabilities Act (ADA). Szarawara v. County of Montgomery,