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Does the ADA Mandate Transfer Preferences for Disabled Employees?

Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association - New Jersey Annual Conference. I must admit that I was a bit leery. While it sounded legitimate enough -- they asked me to speak on a panel addressing accommodation issues under the Americans with Disabilities...

Court Reasons That Unreasonably Withdrawing a Reasonable Accommodation Is Reason for Employee to Win ADA Suit

Let's say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it's a few years of light duty to accommodate your employee's bad back. Maybe it's keeping your employee...

An ADA Reasonable Accommodation Just Has to Be Reasonable -- Not the Employee's First Choice

This is my son's first year playing t-ball. The rules, in case you're not familiar with them, are simple: • Everybody hits • Everybody (eventually) rounds the bases • Everybody scores Some games, my son wants to lead off. Some games, he wants to hit last. Ultimately...

Just How Badly Did a Federal Appellate Court Trash Extended Leave as a Reasonable Accommodation?

I'm feeling rather charitable this evening as I punch out this post. Maybe it's the proud feeling of crossing off my bucket list taking my four-year-old son to a Sunday early-bird at the biggest dive bar in South Jersey. (*Bonus points if you can guess the bar). Well, I'm not sure if "proud"...

Requesting an Accommodation Means More Than Saying, "I'm Disabled."

My cold, black employment-law heart is numb to just about anything. I remember this one time, early in my career, when I had to depose a teenage female plaintiff and ask her, with her mother present in the room, whether it offended her that her alleged male sexual harasser wanted to have a threesome...

What Does an ADA Interactive Process Not Look Like?

Upon attempting to return from a medical leave of absence, an employee requests the following accommodations: an ergonomic chair, adjusted lighting in her office, and a part-time schedule for the next eight days. Instead of providing the accommodations, or even discussing their availability, the employer...

Sixth Circuit Vacates ADA Telecommuting Decision

by Jami K. Suver In April 2014, the Sixth Circuit, in EEOC v. Ford Motor Co. , decided that telecommuting may be a reasonable accommodation under the ADA, even if the employer’s business judgment dictates otherwise [an enhanced version of this opinion is available to lexis.com subscribers] ...

Title III, Service Animals, and Other Accommodations

It seems like Title III ADA questions are coming up more and more often these days. I wrote about the basics of Title III a while back , and figured it is time to post on it again. Typically when a company has questions relating to its obligations under the ADA, the questions relate to the company’s...

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is...

Your Employee Has a Fragrance Allergy. What Does the ADA Require You to Do?

This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here ) [an enhanced version of this opinion is available to lexis.com subscribers] , the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals...

Medical Marijuana as a Reasonable Accommodation?

Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision did not specifically address whether off-duty medical...

Update Your Job Descriptions. Because, Americans with Disabilities Act

A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters… In Shell v. Smith , the plaintiff worked...

United Airlines Pays Over $1 Million To Settle EEOC ADA Suit

United Airlines recently agreed to pay over $1 million to settle a long-running suit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) charging United with violating the Americans with Disabilities Act (“ADA”) by denying disabled employees reassignment to a vacant...