Tag: Reasonable Accommodation

Special Delivery: Considerations for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]

Reasonable Accommodations in Job Interviews

Question Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in […]

Interactive Process Not Triggered Until Employee Brings Up Need for Accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]

Reasonable Accommodation Not Always Employee’s Preferred Choice

A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]

maternity

Is Telecommuting a Reasonable Accommodation?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from an in-house lawyer who sued her employer for refusing to provide the accommodation she requested as a result of pregnancy-related complications.

Nevada domestic violence leave law takes effect January 1

by Deanna L. Forbush Nevada’s law requiring employers to provide victims of domestic violence time off, reasonable accommodations, and protection against discrimination and retaliation takes effect January 1. Requirements, definitions The state’s Domestic Violence Leave Act covers all employers. The law states that employees who have worked for an employer for at least 90 days […]

5 reasonable accommodation pitfalls to avoid

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 […]

Top 10 employer mistakes in accommodating disabled employees

by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]