Labor and Employment Law

Recent Posts

What Does an ADA Interactive Process Not Look Like?
Posted on 29 Sep 2014 by Jon Hyman

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... Read More

Six Things About the ADA That Even an Employer Can Love
Posted on 31 Jul 2015 by Robin Shea

Dear Americans with Disabilities Act, How time flies — you’re already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here . I hope you don’t mind one more from me. When... Read More

Reassignment as a Reasonable Accommodation Under the ADA
Posted on 15 Sep 2015 by Steptoe & Johnson PLLC

by Mark G. Jeffries I was recently asked if an employer has to assign a qualified employee with a disability to a vacant position as part of the employer’s duty to reasonably accommodate the disability. The employer believed that, if he had a... Read More

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation
Posted on 19 May 2015 by Eric Meyer

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... Read More

10 Reasons for Employers to Be Jolly About the ADA (Says the EEOC)
Posted on 9 Dec 2011 by Robin Shea

The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican). I'm usually such a doom... Read More

Reassignment as Reasonable Accommodation: Mandatory or Not?
Posted on 12 Mar 2012 by Jon Hyman

Earlier this month, I wrote about the ADA and hiring preferences , pointing out that the disability discrimination laws do not prevent an employer from giving a hiring preference to a disabled job applicant by creating a cause for action in favor of a... Read More

Your Employee Has a Fragrance Allergy. What Does the ADA Require You to Do?
Posted on 9 Jun 2015 by Eric Meyer

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... Read More

A Job Duty Performed 5% of the Time Is Probably Not ADA-Essential, You Guys
Posted on 6 Oct 2015 by Eric Meyer

The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What... Read More

Court Reasons That Unreasonably Withdrawing a Reasonable Accommodation Is Reason for Employee to Win ADA Suit
Posted on 25 Mar 2014 by Eric Meyer

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... Read More

Accommodation of Mental Impairments Under the ADA
Posted on 12 Oct 2015 by Steptoe & Johnson PLLC

by Jami K. Suver According to a 2011 publication of the Centers for Disease Control and Prevention (CDC), “Mental illnesses account for a larger proportion of disability in developed countries than any other group of illnesses, including cancer... Read More

Sixth Circuit Vacates ADA Telecommuting Decision
Posted on 3 Oct 2014 by Steptoe & Johnson PLLC

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... Read More

Distinguishing State & Federal Disability-Accommodation Claims
Posted on 20 Mar 2012 by Eric Meyer

Let's say you operate a business in NJ. Your disabled employee comes to you requesting an accommodation for his disability. Does the mere failure to provide that accommodation trigger a claim under the New Jersey Law Against Discrimination (NJLAD... Read More

Title III, Service Animals, and Other Accommodations
Posted on 6 May 2015 by Ashley Kasarjian

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... Read More

United Airlines Pays Over $1 Million To Settle EEOC ADA Suit
Posted on 14 Jul 2015 by Jonathan R. Mook

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”)... Read More

xWhat Does an ADA Interactive Process Not Look Like?x
Posted on 29 Sep 2014 by Doug Esten

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... Read More