News & Analysis as of

Reasonable Accommodation Appeals Interactive Process

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

Adams and Reese LLP on

...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Dorsey & Whitney LLP

Ninth Circuit Holds that After-Acquired Evidence May Disqualify Plaintiffs Under the Americans With Disabilities Act

Dorsey & Whitney LLP on

On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act. Sunny Anthony was employed by...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

Fisher Phillips

4-Point Plan To Avoid Costly Workplace Mistakes

Fisher Phillips on

When a California Court of Appeal revived a workplace lawsuit alleging state law disability discrimination and retaliation claims that had originally been dismissed by a trial court, it did more than decide that the mistaken...more

Genova Burns LLC

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

Genova Burns LLC on

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

Payne & Fears

Key California Employment Law Cases: June 2019

Payne & Fears on

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances...more

Foley & Lardner LLP

There’s No Place Like Home – But Is That a Reasonable Accommodation?

Foley & Lardner LLP on

A pending federal appeals court case is the latest to highlight the challenges employers face when considering accommodation requests from an employee with a medical condition. As we have written before, leave and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation...more

Bradley Arant Boult Cummings LLP

Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough

Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers...more

Parker Poe Adams & Bernstein LLP

Extended Consideration of Accommodation Request OK in Unusual Circumstances

Employers understand their obligation to engage in an interactive process to address accommodation requests made by disabled employees. How long does the employer have to reach a conclusion with regard to the accommodation...more

Foley & Lardner LLP

Mass. Court Clouds Marijuana in the Workplace Issues

Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Bowditch & Dewey

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Mintz - Employment Viewpoints

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Proskauer - Law and the Workplace

Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against...more

Holland & Knight LLP

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Mintz - Employment Viewpoints

Federal Court: Maryland Fair Employment Practices Act Requires Employer to Consider Jobs Other than Employee’s Current Job When...

In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was...more

Fisher Phillips

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

Fisher Phillips on

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?

In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on...more

Seyfarth Shaw LLP

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Haight Brown & Bonesteel LLP

Ill Will Not Required – Court Finds Disability Discrimination Even Where Employer Acted In Good Faith

On February 25, 2016, the Court of Appeal for the Fifth Appellate District held that employees can prove disability discrimination without having to show the employer acted intentionally or in bad faith. The Court held that...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Employer Did Not Retaliate Against Employee by Disallowing Tape Recording of Disciplinary Meeting

The Americans with Disabilities Act requires employers to engage in an interactive process to determine if a qualified individual with a disability can perform the essential functions of the job through provision of...more

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