Job Description Mistakes You Don’t Want to Make
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
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
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
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
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
On June 8, 2021, the New Jersey Supreme Court in Richter v. Oakland Board of Education affirmed the Appellate Division’s ruling that an employee asserting a failure to accommodate claim does not have to separately establish...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
The New Jersey Supreme Court has granted certification and will review the Appellate Division decision in Richter v. Oakland Board of Education, 459 N.J. Super. 400 (App. Div. 2019). As we described in the August 2009 New...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
On December 7, 2018, the U.S. Eighth Circuit Court of Appeals held that an employee who was terminated for refusing to take a rubella vaccine was not discriminated or retaliated against, under the Americans with Disabilities...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
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
In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more
Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more