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

Telecommuting as Reasonable Accommodation? Sure, But Not in This Case
Posted on 28 Apr 2014 by Robin Shea

As fellow employment law blogger Jon Hyman pointed out earlier this week, a court has come out with an aggressively pro-telecommuting decision in a disability discrimination lawsuit brought by the EEOC against Ford Motor Company. I am normally a card... Read More

Transfer preferences to vacant positions as an ADA reasonable accommodation continue to baffle courts
Posted on 14 Sep 2012 by Jon Hyman

A disabled employee comes to you and asks for a transfer to an open and available position as a reasonable accommodation? Do you grant the request? For the time being, there is no clear answer to this difficult question. The ADA includes "reassignment... 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

The Latest Guidance for Employers on Telecommuting as an ADA Accommodation
Posted on 13 Apr 2015 by Eric Meyer

If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post: Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act , except where regular attendance... 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 subscribers] , the plaintiff suffered from heightened... Read More

Double Whammy for Employer Who Won’t Accommodate Pregnancy — But Will the EEOC’S Case Survive?
Posted on 1 Oct 2015 by Robin Shea

This case may have some problems, but it’s a good illustration of why employers need to be careful, post- Young v. UPS [subscribers can access an enhanced version of this opinion: | Lexis Advance ]. Thanks very much to Bill Goren for sending... Read More

Some Thoughts on Accommodations and Flexible Workplaces
Posted on 14 Apr 2015 by Jon Hyman

I’ve been thinking a lot over the past three days about the flexibility that employers afford their employees. I am part of a family with two working professional parents (one of whom travels a great deal), and two young children. If I did not have... Read More

Accommodating Disabled Job Applicants Is No Game
Posted on 21 Mar 2013 by Jon Hyman

When we think of employers' reasonable accommodation obligations under the ADA, we usually think in terms of accommodating current employees. The ADA, however, equally extends this obligation to job applicants. A recent lawsuit filed by the EEOC... Read More

What If…? Internet Use as a Disability
Posted on 20 Oct 2014 by Jon Hyman

Last year I reported on the possibility that Internet use could become an ADA-protected disability. Now, we have one of the first documented cases of this phenomenon. From CNN : A man who checked in to the Navy’s Substance Abuse and Recovery... Read More

5 reasonable accommodations an employer never dreamed it would have to make
Posted on 5 Jul 2012 by Robin Shea

I know you're all poring over the Affordable Care Act, now that we have to comply with it , and trying to decide whether Chief Justice John Roberts is an evil turncoat, or a hero, or a "double agent" for the ACA's opponents . . . or... Read More