News & Analysis as of

Reasonable Accommodation PTSD

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

Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter

On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Cozen O'Connor

Accommodation vs Personal Benefit: Federal Court Weighs In

Cozen O'Connor on

In Hopman v. Union Pacific Railroad, the U.S. District Court for the Eastern District of Arkansas considered whether working without mental or psychological pain constituted a “benefit or privilege of employment” warranting a...more

Seyfarth Shaw LLP

Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961....more

Littler

Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

Littler on

A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Jackson Lewis P.C.

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules

Jackson Lewis P.C. on

The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more

Parker Poe Adams & Bernstein LLP

Ability to Work Rotating Shifts Considered Essential Job Function

When a current employee develops a disabling medical condition, employers are frequently faced with Americans with Disabilities Act accommodation requests that would fundamentally alter the way that the job has been...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

U.S. Equal Employment Opportunity Commission...

Jones Lang LaSalle Americas Sued by EEOC for Disability Discrimination

Commercial Real Estate Firm Rescinded Job Offer After Applicant Disclosed Her PTSD and Requested an Accommodation, Federal Agency Charges - ATLANTA - The Atlanta office of a commercial real estate and investment...more

Epstein Becker & Green

With Charges of Discrimination Based on Mental Health Conditions on the Rise, EEOC Releases New Guidance on Employees’ ADA Rights

On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental...more

Littler

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

Littler on

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues EZEFLOW USA for Disability Discrimination

Pipe Fittings Manufacturer Fired a Veteran With PTSD Instead of Giving Him Brief Unpaid Medical Leave as a Reasonable Accommodation, Federal Agency Says - PITTSBURGH - EZEFLOW USA, a pipe fittings manufacturer,...more

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