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Americans with Disabilities Act (ADA) Interactive Process Employment Litigation

McAfee & Taft

Don’t drag your feet on accommodation requests

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Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Clarifies Employee's Obligation to Participate in ADA Interactive Process

When a disabled employee requests an accommodation under the Americans with Disabilities Act, this triggers an interactive process whereby both parties share information and work to determine if a reasonable and effective...more

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

Fourth Circuit Rules for Employer When Employee Failed to Participate in Interactive Process

In a recent decision, the Fourth Circuit Court of Appeals highlighted the requirement that employees requesting an accommodation under the Americans with Disabilities Act (ADA) must engage in the interactive process with...more

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

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

Parker Poe Adams & Bernstein LLP

Unreasonable Delay in Granting Accommodation Can Violate ADA

When an employee requests an accommodation under the Americans with Disabilities Act, this sets into motion an interactive process intended to determine whether the requested accommodation is both reasonable and effective....more

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

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

Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA

It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Venable LLP

Responding to Mental Health Accommodation Requests

Venable LLP on

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Partridge Snow & Hahn LLP

Massachusetts Employer Forced to Pay $24 Million for Failing to Accommodate an Executive’s Anxiety

Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reaffirms Employer's Right to Make Medical Inquiries

On April 18, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, Maryland, West Virginia, and Virginia) affirmed a lower court’s grant of summary judgment to an employer and confirmed the...more

Parker Poe Adams & Bernstein LLP

Employer Not Obligated to Immediately Inform Employee of Possible Alternative ADA Accommodations

In recent years, an increasing number of lawsuits filed under the Americans with Disabilities Act (ADA) have focused on the employer’s obligation to participate in an interactive process to determine whether there are...more

Butler Snow LLP

6th Circuit Reinstates Failure-to-Accommodate Claim Against Employer That Terminated Employee With Outstanding Leave Request

Butler Snow LLP on

Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more

Fisher Phillips

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

Fisher Phillips on

The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...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

Genova Burns LLC

It Takes Two to Tango: Third Circuit Reminds Employees of Their Reciprocal Obligations in the Interactive Process

Genova Burns LLC on

On March 31, 2020, the Third Circuit Court of Appeals affirmed the District Court’s dismissal of discrimination, retaliation, and wrongful termination claims filed by an ex-accountant of a local board of health. In Petti v....more

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

Federal Court in North Carolina Rules Regarding Reasonable Accommodations

On February 24, 2020, the U.S. District Court for the Middle District of North Carolina issued an opinion in Brown v. Martin Marietta Materials, Inc. regarding disability discrimination, reasonable accommodations, and...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

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

Fisher Phillips

Web Exclusive: Don’t Panic! 3 Things Dealerships Need To Know About Latest ADA Court Ruling

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For all employers, dealerships included, complying with the Americans with Disabilities Act (ADA) can seemingly be one of the most challenging tasks for management and human resources. Not only does it seem like there is a...more

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

Untangling Complex Leave Issues – Part I

In the first episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including the interplay between the...more

Fisher Phillips

Flurry Of Recent ADA Cases Can Be Instructive For Employers

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Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to...more

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