In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability. How much leave is required? Is it ever okay to terminate an employee who requests leave? In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]
A federal district court remanded the U.S. Equal Employment Opportunity Commission’s (EEOC) wellness program rules, finding it unclear how the rules’ 30% threshold met the Americans with Disabilities Act’s (ADA) requirement that wellness programs be “voluntary.”
An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]
Determining what is a reasonable accommodation under the Americans with Disabilities Act (ADA) is meant to be an interactive process between the employer and the employee. However, after exerting significant amounts of energy in the process, one Illinois employer got a reaction it had hoped to avoid—a lawsuit.
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.
Employees’ service animal accommodation requests tend to bring out the beast in everyone – employees requesting the accommodation, employers, and other employees. Anecdotally, service animal questions are on the rise, dogging HR professionals. The issue is here to stay.
It is a common dilemma for employers: An employee requests a leave of absence for several months, fails to return at the end of the leave, and asks for a lengthy extension. Under what circumstances may the employer deny the extension and terminate the employee’s employment? A recent decision from the U.S. Court of Appeals […]
The 2nd Circuit—which covers Connecticut, New York, and Vermont—recently heard claims that a pharmacy violated the Americans with Disabilities Act (ADA) when it fired a pharmacist, whose fear of needles prevented him from administering immunizations. Did the pharmacist have a claim for disability discrimination?