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Report Link Service Animals That Provide Psychiatric Service.Young Conaway Stargatt & Taylor, LLP - November 03, 2009 Last week, I posted twice on the recent controversy surrounding service animals. (See Table for Two, Please--Me and My Seeing-Eye Horse; Quit Monkeying Around: Court Rules Monkey Is Not a Service Animal). Apparently, I’m not the only one who finds the issue interesting. Report Link Table for Two, Please--Me and My Seeing-Eye Horse.Young Conaway Stargatt & Taylor, LLP - October 21, 2009 I love animals. There’s no denying it. But, despite my passion for the Wild Kingdom, the stories of “unusual” service animals have me a bit perplexed. Over the last year or so, I’ve seen several stories in the news about individuals who claim that their pets should be considered service animals, thereby enabling them to take the animals places pets normally would not be allowed. Report Link ADA’s Interactive Process May Require Plaintiff to Identify Open Position for Transfer.Ogletree Deakins - July 13, 2009 As defined under the Americans with Disabilities Act (ADA), the term “discriminate” includes an employer’s failure to make reasonable accommodations to the limitations of a disabled employee. Reasonable accommodation may include reassignment to a vacant position within the company. The 10th U.S. Circuit court of Appeals recently held that a disabled employee could not support her failure-to-accommodate claim under the ADA, because she did not present evidence of any specific vacant positions to which she could have been transferred. Report Link Hospitality Update: Business Going To The Dogs?Fisher & Phillips, LLP - June 02, 2009 Imagine a big night at your restaurant: the place is packed with guests, all enjoying themselves. A diner shows up with an unexpected companion – a dog. You're concerned about health regulations and the effect on other patrons. Politely but firmly you tell the guest she cannot enter with the dog. Either it stays outside or she does. Any problem? Yes. You've just politely but firmly violated the Americans with Disabilities Act. Report Link Request For an Indefinite Leave of Absence is Not a Reasonable Accommodation Under the ADA.Ogletree Deakins - May 04, 2009 The 8th U.S. Circuit court of Appeals recently upheld summary judgment in favor of an employer who terminated the employment of an individual undergoing cancer treatment. Peyton v. Fred’s Stores of Arkansas, Inc., 8th Cir., No. 08-2346, April 15, 2009. In that case, the Court held that because there was no reasonable accommodation that would have allowed the individual to perform the essential functions of her job during the period in which she was absent for treatment, there was no violation of the ADA. Report Link Inadequate Quest for Disability Accommodation Lands Chemical Sensitivity Case Before Jury.Jackson Lewis LLP - December 30, 2008 The Americans with Disabilities Act requires employers whose disabled employees request accommodation to attempt to identify an adjustment or adaptation that is necessary, reasonable and feasible. This is called the “interactive process” or “interactive dialogue.” Both employers and employees must participate in good faith in this process. Report Link DISABILITY DISCRIMINATION AND QUALIFICATION STANDARDS.Shaw Valenza LLP - December 03, 2008 The federal Americans with Disabilities Act protects individuals with disabilities from discrimination. The Fair Employment and Housing Act is the California anti-discrimination law that provides similar protections. Both the ADA and FEHA require employers to make reasonable accommodations when qualified employees can perform the essential functions, but not necessarily all other requirements, of a job. Report Link ALTERNATIVE POSITIONS AS A REASONABLE ACCOMMODATION: WHAT IS REQUIRED?Shaw Valenza LLP - October 10, 2008 The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) both require employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified employee or applicant with a disability. However, an employer’s duty to provide reasonable accommodation under the FEHA is broader than under the ADA, even considering the recent amendments to the ADA which become effective on January 1, 2009. (We wrote about the amendments in our September 24, 2008, column.) Report Link Employer Has Duty To Accommodate Employee With "Obvious" Disability.Ogletree Deakins - August 05, 2008 The Americans with Disabilities Act (ADA) requires that employers engage in an "interactive process" with employees to determine whether an employee's disability can be reasonably accommodated. A federal appellate court recently held that an employer failed to engage in this process when it did not initiate the issue of accommodation with an employee whom it allegedly perceived to be disabled. Report Link Second Circuit Says Employers Must Accommodate Obvious Disabilities.Jackson Lewis LLP - July 25, 2008 An employer must provide reasonable accommodation to an employee with an obvious disability even if the employee never requests an accommodation, the federal court of appeals in New York has ruled. Brady v. Wal-Mart Stores, Inc., No. 06-5486-cv (2d Cir. July 2, 2008). Because the Americans with Disabilities Act (“ADA”) requires employers to make accommodations for “known” disabilities, “an employer has a duty reasonably to accommodate an employee’s disability if the disability is obvious—which is to say, if the employer knew or reasonably should have known that the employee was disabled,” the U.S. Court of Appeals for the Second Circuit held. The Second Circuit has jurisdiction over Connecticut, New York, and Vermont. Report Link Second Circuit Says Employer Has A Duty To Reasonably Accommodate Employee With An Obvious Disability, Even Without A Request To Do So.Ogletree Deakins - July 16, 2008 The Americans with Disabilities Act (ADA) requires that employers engage in an “interactive process” and to work together with disabled employees to determine whether an employee’s disability can be reasonably accommodated. Recently, the 2d U.S. Circuit Court of Appeals held that Wal-Mart failed to engage in this process when it did not initiate the issue of accommodation with an employee whom it perceived to be disabled. Brady v. Wal-Mart Stores, Inc, et al, 2d Circ., No. 06-5486-cv, July 2, 2008. Report Link Job Reassignment Under ADA Remains Unclear.Fisher & Phillips, LLP - March 05, 2008 While the Supreme Court stands to be quite busy in the next several months deciding important employment law questions, it will not issue a ruling in one of the more widely-anticipated cases that had appeared on its docket this term: Huber v. Wal-Mart Stores, Inc.
This case was to decide the correct standard to apply in ADA cases when an employee seeks a reassignment to a new position as a reasonable accommodation – should that employee merely be afforded the opportunity to compete with other applicants in the normal hiring pool, or should the employer be forced to grant preferential treatment and automatically reassign that employee above more qualified applicants? Report Link The ADA Requires an Interactive Process (pdf).Phelps Dunbar LLP - April 12, 2006 In Cutrera v. Board of Supervisors of Louisiana StateUniversity, et. al., 429 F.3d 108 (5th Cir. 2005) theFifth Circuit issued another key decision under theADA; in Cutrera, the Circuit Court held that thedefendant (“LSU”) failed to engage in the requiredinteractive process under the ADA in attempting tofind a reasonable accommodation for Cutrera, anemployee who suffered with Stargardt’s disease.Stargardt’s disease is a form of macular degenerationthat adversely affects vision. There is no known cureand the disorder cannot be corrected with mitigatingmeasures such as eyeglasses or surgery. Report Link Light Duty: Handle with Care.Jackson Lewis LLP - March 24, 2006 Earlier this year, a California court of appeal concluded employers are not required to make temporary light-duty positions permanent as an accommodation under California's Fair Employment and Housing Act ("FEHA"). The court's decision in Raine v. City of Burbank provides clarification on an important question and highlights issues employers should consider in deciding whether and how to administer light duty programs. The good news is this: light duty, handled appropriately, may provide benefits to both employers and employees. Report Link Federal Appeals Court Emphasizes Importance of Interactive Process in Disability Accommodation.Jackson Lewis LLP - March 14, 2006 A recent decision by the U. S. Court of Appeals for the Third Circuit serves as a reminder to employers of the legal importance of engaging in the interactive process to determine whether a reasonable accommodation is available for an employee with a disability. Although a federal trial court had dismissed the employee's lawsuit alleging the employer had failed to accommodate his disability and then discriminated against him in violation of the New Jersey Law Against Discrimination, the federal appeals court reversed that decision. In so doing, the appeals court re-emphasized that employers have a duty to engage in an interactive process to uncover potential accommodations even in situations where the employee does not request a specific accommodation. Report Link A Practical Approach to Reasonable Accomodation.Littler Mendelson, P.C. - February 23, 2006 Under the Americans with Disabilities Act (ADA) and many similar state statutes, employers are required to provide disabled employees and applicants with reasonable accommodations as part of the duty to avoid discrimination on the basis of disability. The theory behind this duty is to "level the playing field" for individuals with disabilities, so that they have an equal chance to succeed in employment and enjoy the same privileges and benefits of employment as the non-disabled. Report Link Court Must Examine Interactive Process in ADA Lawsuit.Ballard Rosenberg Golper & Savitt - October 29, 2002 The Ninth Circuit has held that a trial court could not rule against a hearing impaired employee in an ADA case without evaluating whether the employer engaged in the interactive process of accommodation required by the Americans With Disabilities Act. Report Link Family Leave As An Accommodation Under The ADA.Ballard Rosenberg Golper & Savitt - September 01, 2002 The Tenth Circuit held that a request for a leave within the limitations of the Family and Medical Leave Act ("FMLA") may qualify as a request for a reasonable accommodation under the Americans With Disabilities Act ("ADA"). Report Link Ninth Circuit Reverses Summary Judgment In Favor Of Employer Where Collective Bargaining Agreement Does Not Bar Employee's Requested Accommodation And Where Conflicting Evidence Exists.Ballard Rosenberg Golper & Savitt - December 14, 2001 Discusses Morton v. United Parcel Service, Inc., in which the court held that employers who have failed to engage in the “interactive process” with a disabled employee will rarely be able to demonstrate as a matter of law the absence of a reasonable accommodation that does not impose an undue hardship on the employer. Report Link Accommodation Ideas.Job Accommodation Network - (No Date) Consultants from the Job Accommodation Network have compiled several ideas for accommodating individuals with particular disabilities, ranging from AIDS to Wheelchair Users.
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ArticlesFound: 20 ArticlesSUBTOPICS Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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