Determining what is a reasonable accommodation under the Americans with Disabilities Act (ADA) is meant to be an interactive process between the employer and the employee. However, after exerting significant amounts of energy in the process, one Illinois employer got a reaction it had hoped to avoid—a lawsuit.
Recently, the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—issued an opinion underscoring the importance of diligence, thoroughness, and consistent communication when you interact with employees seeking accommodations under the Americans with Disabilities Act (ADA) and reiterating its position that the interactive process is a shared responsibility between employers and employees.
Employees’ service animal accommodation requests tend to bring out the beast in everyone – employees requesting the accommodation, employers, and other employees. Anecdotally, service animal questions are on the rise, dogging HR professionals. The issue is here to stay.
A new ruling from the Massachusetts Supreme Judicial Court should be a warning to employers in the state that refuse to tolerate medical marijuana use by employees with a disability.
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought by an automaker’s employee under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Question: We have an employee who is getting a service animal and wants to know our policy on it. What can we ask in terms of why he needs the animal? What rights do we have in terms of allowing the dog on the job site? We operate heavy equipment at the job site and […]
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, a police officer who took FMLA leave to recover from an injury asks to be assigned to light or desk duty or […]
Question: We have an employee who requested FMLA paperwork because of her migraines. Unfortunately, she is ineligible because her location is outside of the 75-mile radius of 50 employees or more. She is requesting special accommodations to miss work when she has a severe migraine. However, she is a kitchen designer and most of the […]
An employee who accrued more than 7 weeks’ worth of unscheduled absences during her 50-week probationary period was not entitled to job protection under federal disability law, an appeals court has ruled.
The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]