Under the Americans with Disabilities Act, employers and employees are required to engage in an interactive process with respect to a disabled employee’s request for a reasonable accommodation. In cases of psychological disability – depression, for example – necessary accommodations may be non-obvious to the employer. In those cases, courts have held that in order
Reasonable accommodation
ADA’s interactive process may require plaintiff to identify open position for transfer.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
As defined under the Americans with Disabilities Act (ADA), the term “discriminate” includes an employer’s failure to make reasonable accommodations to the limitations of a disabled employee. Reasonable accommodation may include reassignment to a vacant position within the company. The 10th U.S. Circuit court of Appeals recently held that a disabled employee could not support…
Request for an indefinite leave of absence is not a reasonable accommodation under the ADA.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
The 8th U.S. Circuit court of Appeals has upheld summary judgment in favor of an employer who terminated the employment of an individual undergoing cancer treatment. Peyton v. Fred’s Stores of Arkansas, Inc., 8th Cir., No. 08-2346, April 15, 2009. In that case, the Court held that because there was no reasonable accommodation that would…