Tag: Reasonable Accommodations

Passing on disabled candidates for safety reasons is risky business

by Erica E. Flores Election season can bring out the best and worst in our nation. The important issues that should be the focus sometimes take a backseat to headline-grabbing one-liners. But true leaders emerge at some point in nearly every campaign. It remains to be seen which of this cycle’s large group of presidential […]

Religious accommodations: Be careful after same-sex marriage ruling

by Brent Siler Unless you have been hiding under a rock the past few weeks, you know that the U.S. Supreme Court legalized gay marriage in all 50 states when it issued its Obergefell decision on June 26. Much of the discussion about the ruling has revolved around its effect on people with sincere religious […]

Solid job descriptions can ease ADA worries

Good job descriptions are vital in keeping employers and employees on the same page, but they take on added importance when an employee with a disability needs help being productive. And for employers facing disability discrimination claims, job descriptions that clearly outline the essential and nonessential functions of the job can be crucial.  Although the […]

Clarity amidst confusion: handling mental disability claims

by Allison B. Wannop One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments […]

New West Virginia law requires accommodations for pregnant employees

by John R. Merinar, Jr., and Carolyn A. Wade A new West Virginia law taking effect June 4 means employers in the Mountain State must make reasonable accommodations to a job applicant’s or employee’s known limitations involving pregnancy, childbirth, or related medical conditions. The Pregnant Workers’ Fairness Act amends the West Virginia Human Rights Act. […]

Reassignment as a reasonable accommodation under the ADA

by Burton J. Fishman Of the many contentious accommodation issues under the Americans with Disabilities Act (ADA), perhaps the most hotly debated is whether reassignment to a vacant position is a reasonable accommodation. Although the ADA lists “reassignment” as a possible accommodation and the Equal Employment Opportunity Commission (EEOC) supports that position, many courts have […]