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Educational Institutions › Failure to Accommodate › Appeals

Seyfarth Shaw LLP

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

Seyfarth Shaw LLP on

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more

Pullman & Comley - Labor, Employment and...

ICYMI: Federal Court Clarifies Employee Rights to Workplace Accommodation under the ADA

Pullman & Comley - Labor, Employment and... on

Take note, employers: if your decision to accommodate a qualified employee with a disability is solely based on necessity, you may be inviting unnecessary legal exposure. ...more

Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Parker Poe Adams & Bernstein LLP

Unreasonable Delay in Granting Accommodation Can Violate ADA

Parker Poe Adams & Bernstein LLP on

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

McGlinchey Stafford

Fifth Circuit: Employer’s Unreasonably Delayed Response Is Failure to Accommodate

McGlinchey Stafford on

This decision surrounds the case of Alisha Strife v. Aldine Independent School District, in which the plaintiff, a U.S. Army veteran employed in the school district’s Human Resources department, requested an accommodation for...more

Littler

Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It

Littler on

The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Court of Appeals for...more

Shipman & Goodwin LLP

Second Circuit ADA Case a Game-Changer for Employee Accommodation Requests

Shipman & Goodwin LLP on

Last week, the Second Circuit Court of Appeals announced a significant change to the standard by which employers must address disability-related accommodation requests. In Tudor v. Whitehall Central School District, Case No....more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Constangy, Brooks, Smith & Prophete, LLP on

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

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