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In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Iowa employers) has weighed in over the last several months with discussions in two […]
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in an interactive dialogue with them to determine whether the requested accommodation is reasonable and aimed at assisting the employees in performing their position’s essential functions. Employers […]
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform the essential functions of the job. A recent case decided by the 4th Circuit Court of Appeals (which has jurisdiction over North Carolina) […]
In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on to understand what this decision means for your business and why it is normally always […]
by Brent E. Siler Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees’ disabilities. While most employers are aware they have a duty to accommodate the disabilities […]
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.
by Peyton S. Irby, Jr. A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
by James M. Leva, JD, Day Pitney LLP The New Jersey Appellate Division recently ordered a new trial to determine whether an employer failed to engage in the interactive process and accommodate an employee who was terminated after he complained about headache pain.
Who couldn’t use a cute, cuddly friend at work? One that’s not the least bit judgmental, one that is loyal and devoted, one whose main goal in life is to build you up when the pressures of work get you down. If only your dog could go with you to work. A number of companies […]