Tag: Interactive Process

5 reasonable accommodation pitfalls to avoid

by Brent E. Siler Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees’ disabilities. While most employers are aware they have a duty to accommodate the disabilities […]

Print
teacher

Be Diligent and Thorough in the Interactive Process, Even When Employees Aren’t

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.

Print

ADA Accommodations: Is Speed Essential to the Interactive Process?

by Peyton S. Irby, Jr. A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.

Print
New Jersey

Did Employee’s Headaches Trigger the Interactive Process?

by James M. Leva, JD, Day Pitney LLP The New Jersey Appellate Division recently ordered a new trial to determine whether an employer failed to engage in the interactive process and accommodate an employee who was terminated after he complained about headache pain.

Print

Collies in the cubicles? Exploring pros and cons of pets at work

Who couldn’t use a cute, cuddly friend at work? One that’s not the least bit judgmental, one that is loyal and devoted, one whose main goal in life is to build you up when the pressures of work get you down. If only your dog could go with you to work.  A number of companies […]

Print

Store needn’t accommodate F-bomb in aisle 7

by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]

Print

Why Does Sandy Get to …? (Caution: Don’t Answer)

It’s a tough situation when a coworker asks, “Why does Sandy get to do that?” and “that” is an accommodation you’ve made for Sandy’s disability. But you can’t discuss the disability, says Trainor. Trainor, who is senior managing editor at BLR®, was joined in her presentation at the Human Resources Leadership Association in Mystic, Connecticut, […]

Print

Five Steps to Protect Your Company from Claims under New ADA

by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]

Print

EEOC: ‘Interact Before You Act’ on Disability Accommodation

The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond […]

Print