Tag: ADA accommodation

Court Restores Accommodation Claim for Employee with Pending Leave Request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]

Time Is on Her Side: Temporary Disabilities Under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that […]

Using Artificial Intelligence Hiring Tools May Lead to Disability Discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]

Disability Accommodations in Post-Pandemic Work-from-Home World

In years past, employees who requested remote working arrangements were often met with strong resistance from managers, who viewed such requests as excuses to shirk responsibilities. Holding firm to a “face time” mentality, many members of management believed employees simply couldn’t be efficient and focused if they routinely worked from home. Then, of course, the […]

Compliance in the Pandemic

For the past few years, COVID-19 has been a constant stressor. For businesses, there is some uncertainty around how to best handle the pandemic from a legal standpoint.

EEOC Files First COVID-19-Related Suit After Employer Rejects Remote Work Request

Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had asked to work remotely because of the pandemic. Facts Ronisha Moncrief was a health, safety, and […]

After Stressful Pandemic, Don’t Be Surprised If Employees Are Reluctant to Return

There has been ample news coverage about the invisible toll the COVID-19 pandemic has taken on our personal lives, but we’re just beginning to grapple with the damage done to our workplaces. As employees return to in-person work, you must be ready for the many emotional and psychological hurdles they will face. When You Have […]

5 Tips for Accommodating Depression, PTSD, and Other Mental Illnesses

An estimated 16.1 million adults in the United States had at least one major depressive episode in 2015, according to the National Institute of Mental Health (NIMH). That number represents 6.7 percent of all American adults who are 18 or older. Seven or eight out of every 100 people will have post-traumatic stress disorder (PTSD) […]