News & Analysis as of

Rehabilitation Act Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Frost Brown Todd

Reasonable Accommodations and Modifications for Tenants Under the Fair Housing Act

Frost Brown Todd on

Most multifamily owners and managers are aware that discrimination against disabled tenants can result in litigation and increase the project’s operating expenses. However, the Fair Housing Act (FHA) not only prohibits...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Require Bad Faith Demonstration to Award Damages to Disabled Students

Employers are familiar with Americans with Disabilities Act (ADA) provisions that apply to disabled employees or applicants. However, other portions of the law apply similar prohibitions against discrimination by government...more

Jackson Lewis P.C.

SCOTUS Sets Up Debate Over Standard in ADA and Rehabilitation Act Cases, Rejects Heightened Standard for Student...

Jackson Lewis P.C. on

On June 12, 2025, the U.S. Supreme Court issued a unanimous opinion in A. J. T. v. Osseo Area Schools, No. 24-249, holding that discrimination claims brought under Section 504 of the Rehabilitation Act of 1973 and Title II of...more

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

Husch Blackwell LLP

Supreme Court to Hear Case on Legal Standard for Cases Brought by Students with Disabilities

Husch Blackwell LLP on

The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v....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

Parker Poe Adams & Bernstein LLP

Failure to Provide Employee With Private Office May Have Violated ADA Accommodation Requirements

Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative...more

Payne & Fears

April 2024 Case Summaries

Payne & Fears on

Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

Jaburg Wilk on

Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Two Reports on the Federal Workforce and Disabilities

Programs to Hire and Aid Federal Workers With Disabilities May Be Little Known and Underused - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released two reports on people with disabilities in...more

Seyfarth Shaw LLP

Employers Should Take Note Of New Federal Workplace Accessibility Guidance

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well....more

Nilan Johnson Lewis PA

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Spilman Thomas & Battle, PLLC

DHHS and New Disability Protections Under Section 504

The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations...more

Fox Rothschild LLP

EEOC Issues Proposed Rule for Pregnant Workers Fairness Act

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations for the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers with 15 or more employees to provide reasonable accommodations to...more

Troutman Pepper Locke

Requests for Remote Work Accommodations Require Individualized Assessments

Troutman Pepper Locke on

As more employers are requiring their employees return to the workplace, a recent decision from the U.S. District Court for the Eastern District of Pennsylvania, Oross v. Kutztown University, suggests that employers should...more

Roetzel & Andress

Section 504 Notice of Proposed Rulemaking Expected August 2023

Roetzel & Andress on

In May 2022, the U.S. Department of Education announced that it intended to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of 1973...more

Tarter Krinsky & Drogin LLP

End of the Federal COVID-19 Public Health Emergency Declaration: Should Employers Rescind COVID-19-related Reasonable...

During the COVID-19 pandemic, employers addressed myriad workplace accommodation requests and endeavored to maintain healthy and safe workplaces while navigating guidance from the federal, state, and local levels addressing...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Update to Covid-19 Technical Assistance

Addresses End of Federal COVID-19 Public Health Emergency Declaration - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) issued a number of updates to its COVID-19 technical assistance, “What You...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Holland & Hart - Health Law Blog

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more

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

Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

​​​​​​​In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more

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