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While the provision of a personal assistant generally has not been considered a “reasonable” accommodation required by disability nondiscrimination laws, federal employers may soon have to make such accommodations for workers with disabilities. In a Notice of Proposed Rulemaking scheduled to be published in the Federal Register Feb. 24, the U.S. Equal Employment Opportunity Commission […]
This article is part of a series that compares and contrasts various aspects of the two laws.
A temporary staffing agency based in Baltimore has agreed to pay $50,000 to resolve claims that it refused to hire an applicant because of her participation in a methadone treatment program. Randstad, US, LP entered into the agreement to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging that its actions violated the Americans with […]
Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?
When is intermittent leave permitted under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Under what circumstances—if any—is use of intermittent leave prohibited?
By Kelly Smith-Haley, JD Under the Americans with Disabilities Act (ADA), employers may be required to offer reasonable accommodations to qualified employees. A recent opinion from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana and Wisconsin—reminds employers that when it comes to providing a reasonable accommodation, it doesn’t have to result in highway […]
What are an employer’s obligations regarding benefits for an employee who is out on leave under the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA)?
An appeals court won’t rehear a case in which it ruled that United Airlines was not required to reassign a worker with a disability because that accommodation would have violated its collective bargaining agreement’s seniority policy. The court also held that the lower court properly dismissed the case because the employee failed to identify any […]
You must be careful when you craft and enforce policies addressing prolonged absences. Even when an employee has exhausted her statutorily protected leave, you should consider offering additional leave as a reasonable accommodation unless you can demonstrate that you would suffer an undue hardship because of the continuing absence.
Question: If we are providing a reduced work schedule as an accommodation under the ADA for an exempt salaried person, may we reduce their pay based on hours worked?