News & Analysis as of

Reasonable Accommodation Americans with Disabilities Act (ADA) Disabilities

Lerch, Early & Brewer

Must an Employer Accommodate a Disabled Employee Who is Able to Work but Unable to Commute?

Lerch, Early & Brewer on

Most requests for disability accommodation arise out of the impact of an employee’s medical condition on their ability to perform their job duties. But sometimes an employer is confronted with a disabled employee requesting...more

Mandelbaum Barrett PC

Strategic ADA Compliance: Safeguarding Your Business Against Litigation

Mandelbaum Barrett PC on

Impact of the ADA on Business and Society - The Americans with Disabilities Act (ADA) has greatly expanded opportunities for disabled individuals, demanding significant adjustments from businesses to accommodate both physical...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Adams and Reese LLP

[Webinar] Accommodations Compliance Tactics for the Challenging Cases - June 28th, 12:00 pm - 1:00 pm CT

Adams and Reese LLP on

Please join us for a one hour CLE on challenging issues that can confront employers when the desire to discipline employee absences or other work conduct intersects with legal requirements to provide job protected leave or...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Shutts & Bowen LLP

EEOC Issues Update on Hearing Disabilities in the Workplace and the ADA

Shutts & Bowen LLP on

In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains...more

Miller & Martin PLLC

EEOC Issues New Mandatory Workplace Discrimination “Know Your Rights” Poster

Miller & Martin PLLC on

The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more

Jackson Lewis P.C.

Manufacturers Face Unique Problems in Accommodating Assembly Line Workers With Disabilities

Jackson Lewis P.C. on

As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line...more

Franczek P.C.

Are Mask Mandates a Reasonable Accommodation?

Franczek P.C. on

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

Bradley Arant Boult Cummings LLP

What More Can We Ask About COVID-19? EEOC Chimes In on If It Is a Disability Under the ADA

For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed...more

Baker Donelson

Disability Accommodations in the Workplace: An HR and Legal Perspective

Baker Donelson on

The HR Perspective - Cory Christmas, training manager at Baker Donelson, has worked in human resources for more than 15 years, and he still recalls his first role with managerial responsibilities and advice he received that...more

Fisher Phillips

The ABCs of EHS: What Schools Need to Know About Wi-Fi Sensitivity Claims

Fisher Phillips on

The last five years have seen an increase of litigation surrounding Electromagnetic Hypersensitivity Syndrome (EHS), also called Wi-Fi Sensitivity, that should be on the radar screen for schools across the country. This is...more

Cranfill Sumner LLP

Disability Discrimination: Damages

Cranfill Sumner LLP on

Over the last couple of months, we have been talking about what qualifies as a disability under the Americans with Disabilities Act and what to do when an employee with a disability requests an accommodation in the...more

Sheppard Mullin Richter & Hampton LLP

DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies

On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures,...more

Arnall Golden Gregory LLP

The EEOC Issues Guidance Encouraging Voluntary Vaccine Policies

Just as the first batches of the COVID-19 vaccine are being distributed, the Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance for employers regarding how to implement vaccines in a manner consistent...more

Nelson Mullins Riley & Scarborough LLP

9 Landmark Cases in U.S. History that Protected the Rights of People with Disabilities

At the heart of the fight for disability rights is the belief that equitable access should be granted in all spaces where life exists. The Americans with Disabilities Act put in place a formal mechanism for protecting the...more

Jaburg Wilk

Everything Employers and Employees Need to Know When an Employee Feels Unsafe Returning to Work Due to COVID

Jaburg Wilk on

Many employees are concerned about returning to work due to COVID-19. Employers need to be prepared for their employee’s requests. They will want to treat their employees fairly and also minimize their liability. There are...more

Greenbaum, Rowe, Smith & Davis LLP

Employment Law Update: EEOC Issues Updated Guidance on Accommodating High Risk Employees Under ADA Regulations During COVID-19...

As we have previously advised, employers may be required to accommodate employees with certain medical conditions that the Centers for Disease Control (CDC) has identified as carrying a higher risk of contracting COVID-19,...more

Stokes Wagner

The Right Talent, Right Now

Stokes Wagner on

Employers throughout the U.S. are wrapping up October by participating in National Disability Employment Awareness Month (NDEAM), a tradition that can be traced back to 1945. The purpose of NDEAM is to raise awareness about...more

Seyfarth Shaw LLP

Ninth Circuit Expands “Regarded-As” Disabled Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Party City For Disability Discrimination

National Retailer Refused to Hire Disabled Employee with Job Coach, Federal Agency Charges - BOSTON - Party City Corporation violated federal law by failing to hire a qualified employee with a disability at its Nashua,...more

FordHarrison

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

FordHarrison on

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder. Although she was first diagnosed in 2001, Carey says she finally sought treatment...more

U.S. Equal Employment Opportunity Commission...

Salvation Army to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

Aid Organization Refused to Hire Qualified Applicant at Wasilla Store Due to His Intellectual Disability, Federal Agency Charged - ANCHORAGE, Alaska -Global humanitarian organization The Salvation Army will pay $55,000...more

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