News & Analysis as of

Reasonable Accommodation Employment Policies Disability Discrimination

FordHarrison

The U.S. Mental Health Crisis and the Workplace

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Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more

Dentons

Bite with no Bark: Eighth Circuit Recognizes Limitations on Certain ADA Accommodations

Dentons on

In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more

Ius Laboris

Hong Kong’s guide dog recommendations

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The Equal Opportunities Commission recently issued Guide Dogs: A Practical Guide with a view to better protect the rights of guide dog users in public settings....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

Parker Poe Adams & Bernstein LLP

Cumulative Burden of ADA Accommodation Requests Can Result in Undue Hardship

When consulting with employers regarding employee accommodation requests under the Americans with Disabilities Act, we frequently hear concerns that granting a requested accommodation will likely result in coworkers making...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Parker Poe Adams & Bernstein LLP

Can Miniature Horses Be in the Workplace?

Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more

Holland & Hart - Employers' Lawyers

What Happens When ADA Accommodations Miss the Mark

As an employer, you exhaustingly hear the repeated recommendation to not only have detailed written policies, but to ensure those policies are followed. Company policies generally ensure compliance with laws and regulations,...more

Fox Rothschild LLP

EEOC Vigorously Scrutinizing Employment Qualification Standards Under the ADA

Fox Rothschild LLP on

In recent months, the U.S. Equal Opportunity Employment Commission (EEOC) has intensified its scrutiny of employer qualification standards under the Americans with Disabilities Act (ADA). This trend follows the EEOC’s...more

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

Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue is Still Alive

On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...more

Burr & Forman

Workplace Accommodation after COVID: Legal Update

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In this episode of The Burr Morning Show, Emily Mack and Savannah McCabe discuss the legal landscape around ADA compliance and accommodation after COVID-19. They also discuss how to lawfully address telework, mental health,...more

Amundsen Davis LLC

Beyond the Diagnosis: Navigating Disability Accommodation in the Workplace - Insights from Wingra Redi-Mix v. LIRC

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The Wisconsin Doctor writing on paper with stethoscope on tableFair Employment Act (WFEA) prohibits covered employers from discriminating against employees based on disability and requires that employers reasonably...more

Sands Anderson PC

Navigating Reasonable Accommodations: Lessons from the Fourth Circuit’s Recent UPS Case

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Does either party get the benefit of consideration when an employer and an employee disagree about the choice of a reasonable job accommodation for an employee who has sustained a disabling injury? This was an issue when the...more

Genova Burns LLC

After the Injury: NJ District Court Reiterates Indefinite Light Duty & Unpaid Leave is Not a Reasonable Accommodation

Genova Burns LLC on

On July 12, 2023, in Wraith v. Wayfair, Inc., the United States District Court for the District of New Jersey granted summary judgment in favor of an employer, dismissing a former employee’s claim of disability discrimination...more

Bond Schoeneck & King PLLC

A Case Worthy of Ushering in the Dog Days of Summer

As an avid, albeit misguided, reader of breaking news alerts, I am increasingly feeling like the narrator in the old Tom Petty song, “Jammin Me.” If you are like me and are feeling truly exhausted from the daily bombardment...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Walkers

Service providers' duties under CI discrimination law - minimising legal risk

Walkers on

Guernsey's discrimination law landscape will change on 1 October 2023, with the introduction of the Prevention of Discrimination (Guernsey) Ordinance, 2022. Local employers are currently preparing for the new law by training...more

Ballard Spahr LLP

EEOC Provides “Capstone” COVID-19 Guidance for Employers

Ballard Spahr LLP on

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other...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

McAfee & Taft

Appeals court finds visually impaired employee unqualified for his position

McAfee & Taft on

In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of...more

Miller Nash LLP

Beyond Accommodations: Supporting Workplace Neurodiversity

Miller Nash LLP on

The Americans with Disabilities Act (ADA) has been an extraordinarily successful law. Certainly, individuals working in human resources know that there are challenging aspects to it, but access to the ability to work has...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Littler on

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Proskauer - California Employment Law

School District Employee May Have Been Discriminated Against On The Basis Of A Disability

Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) - La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for...more

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