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Reasonable Accommodation › Dismissals › Employment Litigation

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

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When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

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Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

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In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

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Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

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Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more

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Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

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If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

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Failure to Accommodate Supports Employee's Claim Even Without Adverse Action

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The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with protected disabilities. Another part of the ADA requires employers to refrain from discriminating against disabled...more

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Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

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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

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ADA Request Must Show Connection Between Disability and Work Limitation

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From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back...more

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ADA Litigation Lessons Surfaced From a Zamboni Machine

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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

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Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

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According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more

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Employer Not Required to Accommodate Employee's Inability to Wear Safety Shoes

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In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more

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Refusal to Take Flu Vaccine Not Based on Religious Beliefs

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From time to time, health care employers find themselves faced with employees who refuse to take mandatory vaccines intended to protect themselves and their patients from exposure to infectious diseases. Sometimes these...more

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