Labor and Employment Law

Recent Posts

Transfer as Reasonable Accommodation?
Posted on 4 Mar 2015 by Jon Hyman

I once worked for a law firm (that shall remain nameless) that put me in a converted utility closet for my office. It was the only associate “office” open near the partners for whom I worked. It was so cramped that I has to turn sideways to... Read More

New bill would require accommodations for pregnant employees
Posted on 11 Oct 2012 by Eric Meyer

Does an employer have to provide a reasonable accommodation to a pregnant employee to allow her to perform the essential functions her job? Let's see. Americans with Disabilities Act? No. Pregnancy is not a disability. Title VII of the Civil... 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

No ADA accommodations required for non-disabled employees
Posted on 7 Sep 2012 by Eric Meyer

Last week, we had a two-part series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act . The former clearly obligates employers to afford leave to an eligible employee to care for a sick child. But, what... Read More

Telecommuting as a reasonable accommodation
Posted on 10 Aug 2012 by Jon Hyman

More than two years ago , I hypothesized that the breadth of the ADA's 2009 amendments would likely cover fringe medical conditions such as chemical sensitivities. I wrote: The ADA amendments are intended to make it much easier for individuals... Read More

Time Off For Religious Holidays
Posted on 14 Sep 2015 by Jon Hyman

Today is Rosh Hashanah, the Jewish New Year, which means that many Jewish employees are taking the day off. Is an employer obligated, however, to grant a request for time off when requested for a religious observance? Title VII requires an employer to... 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

Asymptomatic HIV Is a “Disability,” No Matter What One Appellate Court Said
Posted on 29 Apr 2015 by Jon Hyman

In Clayton v. Cleveland Clinic Foundation , an Ohio appellate court was faced with the issue of whether Ohio’s disability discrimination statute protects asymptomatic HIV as a “disability.” The court relied on the following exchange... Read More

McDonnell Douglas Lives! Supreme Court Applies Decades-Old Test to Pregnancy Accommodation Claims
Posted on 25 Mar 2015 by Jon Hyman

This morning, the U.S. Supreme Court issued one of its most anticipated employment-law rulings of this term, in Young v. United Parcel Service [pdf] [ subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The case... 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

Are E-Cigarettes a Reasonable Accommodation?
Posted on 13 Mar 2014 by Sands Anderson PC

by Karen Elliott Much has been written in the last several weeks about the rise in popularity of electronic cigarettes (e-cigarettes). States are proposing legislation to protect teens as well as prohibit use in public places . But the answer to whether... Read More

The ADAAA, Young v. UPS, and the New State of Pregnancy Accommodation Law
Posted on 3 Apr 2015 by Philip Miles

In Young v. UPS , the Supreme Court created a framework for analyzing Title VII (including the Pregnancy Discrimination Act amendments) discrimination claims based on an employer's failure to accommodate pregnant employees [ subscribers may... Read More

Take Me to Church — to Reasonably Accommodate My Disability
Posted on 11 Jun 2015 by Eric Meyer

[cue music ] Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps... 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