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Reasonable accommodations are an integral part of the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to any disabled employee or applicant—and the standard of what constitutes “reasonable” is quite broad. Essentially, an accommodation must be provided as long as one exists that does not constitute an undue hardship on the […]
A recent California decision serves as a reminder to employers that the landscape of disability discrimination is quite complex. When an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer.
Rather than resolve a dispute over the Affordable Care Act’s contraceptive mandate, the U.S. Supreme Court on May 16 remanded the cases to appeals courts without ruling on the plaintiffs’ religious freedom arguments. The decision to remand seems due to Justice Antonin Scalia’s death, which left the court in a 4-4 conservative/liberal deadlock; leading observers […]
The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]
I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
By Edward O. Sweeney, JD Many employers know that they need not keep an injured or ill employee’s job open forever if the employee is absent for an extended length of time. After all, the Family and Medical Leave Act (FMLA) only requires that covered employers afford eligible employees a mere 12 weeks of unpaid […]
The flight crew of a Delta Airlines plane had a surprise recently when a turkey—yes, a turkey—was brought on board as an emotional support animal. Passengers and crew posted pictures online of the bird sitting in a baby seat during the flight and being pushed through the terminal in a wheelchair. But don’t get all […]
By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]
This article is part of a series that compares and contrasts various aspects of the two laws.