News & Analysis as of

Employer Liability Issues › Interactive Process › Failure to Accommodate

Fisher Phillips

Barking Up the Wrong Tree? The Legal Risks of Delaying ADA Accommodations and Best Practices to Avoid Liability

Fisher Phillips on

In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting...more

Fisher Phillips

Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

Fisher Phillips on

The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Engage on Accommodation Alternatives Dooms ADA Claims

Parker Poe Adams & Bernstein LLP on

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more

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

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

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

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

Partridge Snow & Hahn LLP

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

Partridge Snow & Hahn LLP on

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

Fisher Phillips

Retailers’ Obligations to Accommodate Work Schedules that Conflict With an Employee’s Religion

Fisher Phillips on

Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more

Fisher Phillips

Litigation Trend in the Healthcare Industry Reveals Claims of Failure-to-Accommodate Disabled Employees During Pandemic’s Height

Fisher Phillips on

With the ongoing and largely successful national vaccine rollout, the path to some semblance of normalcy seems within Summer’s grasp. However, many employers across the country find themselves swimming in costly and prolonged...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

U.S. Equal Employment Opportunity Commission...

Club Demonstration Services Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Employer Denied Needed Bathroom Breaks to Worker with Bladder Condition, Federal Agency Charges - JUNEAU, Alaska - Club Demonstration Services, Inc. violated federal law when it refused to accommodate an employee in...more

Foley & Lardner LLP

An Accommodation Request? But We Were Just Talking!

Foley & Lardner LLP on

In a conversation about his tardy attendance, an employee tells his manager he is having difficulty arriving to work because his sleep apnea interferes with his rest and prevents him from waking up on time. He adds that he is...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide