Tag: failure to accommodate under the Americans with Disabilities Act

EEOC sends employers strong signals on medical leave

By Wisconsin Employment Law Letter Feb 28, 2014 HR Hero Line

Updated: Jan 7, 2018

by Troy D. Thompson Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC’s current enforcement policies, identify common areas of risk under […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

By Pennsylvania Employment Law Letter Jan 29, 2010 HR Hero Line

Updated: Jan 29, 2010

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]