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Total Articles: 10

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging. Employers must look closely at the particular circumstances of every case in order to determine whether the amount of leave requested can be provided to the employee without causing undue hardship to the employer’s business.

ADA Does Not Provide Medical Leave Entitlement to Worker Seeking Post-FMLA Leave, Seventh Circuit Holds

In a significant ruling for employers, the U.S. Court of Appeals for the Seventh Circuit has held that a request for a two-to-three-month leave of absence is not a reasonable accommodation pursuant to the Americans with Disabilities Act. Severson v. Heartland Woodcraft, No. 15-3754 (7th Cir. Sept. 20, 2017).

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees is difficult.

The Interactive Process Is a Two-Way Street: Ninth Circuit Finds Employee’s Inadequate Effort Doomed ADA Claim

“Once an employer becomes aware of the need for accommodation, that employer has a mandatory obligation under the ADA to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.” Nonetheless, in a recent opinion, the Ninth Circuit Court of Appeals clarified that the interactive process requires direct communication on both sides, between the employer and employee, to explore in good faith the possible accommodations. Phillips v. Victor Community Support Services, Inc., No. 15-15862, Unpublished (July 3, 2017).

Employers Should Engage In the Interactive Process Even If They Believe the Employee Is Not Qualified.

Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse to discuss an accommodation because it doesn’t believe that the request is reasonable or because the employee is not “qualified.” It should resist the temptation.

The End of DACA and its Effect on California Employers

This morning, the Trump administration announced the end of Deferred Action for Childhood Arrivals (“DACA”), the Obama Administration’s immigration program designed to shield undocumented immigrants brought to the United States as children from deportation. DACA gave roughly 800,000 people an Employment Authorization Document (a/k/a EAD card) or the right to work in the United States.

ADA Compliance Challenges: Navigating the Over-accommodation Conundrum

Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing actually provide more than the law requires. Although well-intentioned, this practice often leads to conflict if more generous accommodations are later scaled back. Thankfully, a recent decision by the Eleventh Circuit Court of Appeals supports the notion that employers should not be penalized for going beyond their legal obligations.

Are maximum leave policies legal?

An employer has agreed to pay 2M to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), according to the EEOC and court records.

DOJ Officially Shelves Long-Planned Title III Website Regulations

In what could prove to be a mixed bag for employers, the Department of Justice (DOJ) officially has shelved once-planned website accessibility regulations under Title III of the Americans with Disabilities Act (ADA). The decision should put to rest—for now—speculation that the Trump-era DOJ will enforce Title III’s provisions against companies whose websites are not accessible by screen-reader technology.

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified Employee's Termination

Executive Summary: Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability discrimination under the Americans with Disability Act (ADA), finding the employer properly terminated a security guard at a nuclear plant after he was declared “unfit for duty” pursuant to Nuclear Regulatory Commission (NRC) regulations and lost his security clearance.