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...
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...
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...
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.
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...
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...
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...
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
I'm usually such a doom...
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
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...
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.com | Lexis Advance ]. Thanks very much to Bill Goren for sending...
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...
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...
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...
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...