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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
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
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
The split among federal circuit courts of appeal as to whether a disabled worker must show harm in bringing a failure to accommodate claim continues. Recently, the Fifth Circuit joined the majority of circuits in finding that...more
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
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
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
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
On March 25, 2025, in Tudor v. Whitehall Central School District, the United States Court of Appeals for the Second Circuit vacated the Northern District of New York’s grant of summary judgment in favor of the Whitehall...more
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
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
This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more
In EEOC v. Charter Communications, LLC, the Seventh Circuit Court of Appeals recently held an employee with a disability may be entitled to an Americans with Disabilities Act (ADA) accommodation to get to work when attendance...more
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the...more
In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more
Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more
If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more
To prove that an employer failed to accommodate an employee’s disability in violation of the Americans With Disabilities Act, an employee alleging disability bias does not need to show that the employer fired them or took a...more
With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers, courts have grappled with the reasonableness of...more
In Exby-Stolley v. Board of County Commissioners, No. 16-1412, 2018 WL 4926197 (10th Cir. Oct. 11, 2018), the Tenth Circuit Court of Appeals held that for an individual to succeed on a failure to accommodate claim under the...more
The New Jersey Appellate Division has ruled that a lawsuit against the New Jersey Department of Corrections (NJDOC) can proceed for failure to accommodate a trainee’s religious practice. Background Facts - In July...more
Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more
Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more