Tag: ADA accommodation

Case Study: When Discussing Accommodations, Follow Interactive Process

The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]

EntertainHR: Marvel’s Echo Teaches Employers About the Importance of Accommodations in the Workplace

The character of Maya Lopez (a/k/a Echo) was first introduced in the Marvel Cinematic Universe in Hawkeye as the leader of the Track Suit Mafia, the crime syndicate run by Wilson Fisk. After Maya learns her father was killed on Fisk’s orders, Maya leaves the syndicate and shoots Fisk. Echo starts a few months later […]

Avoiding FMLA Mishaps

We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite the fact the FMLA is celebrating its 30th anniversary this year, employers are still grappling with its […]

Case Study: Unpaid Leave of Absence Can Be Appropriate ADA Accommodation

When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the employee’s requested accommodation would cause. That’s the route UPS took with one of its […]

Case Study: 4th Circuit Delivers Road Map for Accommodation Process

The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform the essential functions of the job. A recent case decided by the 4th Circuit Court of Appeals (which has jurisdiction over North Carolina) […]

Case Study: 5th Circuit Says Remote Work Can Be Reasonable ADA Accommodation

The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas, Louisiana, and Mississippi) shocked employers out of the summer doldrums with a new opinion issued on June 28, 2023. In a 2-1 vote, it declared that remote work or commuter assistance for an employee in the Houston area can be a reasonable accommodation under […]

Here’s Why Coming to the Office May No Longer Be Deemed an ‘Essential Job Function’

Before March 2020, courts frequently rejected claims by workers who said they should be allowed to work from home as an accommodation for a disability. Judges routinely concluded that on-site attendance—coming into the physical workplace—was an “essential job function” and that working from home wasn’t a “reasonable accommodation” that employers had a duty to offer […]

Reasonable Accommodations in Job Interviews

Question Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in […]

How to Support an Employee Going Through a Gender Transition

As transgender employees become more comfortable living openly as their authentic selves in the workplace, employers should be prepared to work with transitioning employees. Consider putting a plan in place that fosters an inclusive work environment and guards against discrimination based on gender identity and expression. This plan should include communicating with transitioning employees, educating […]