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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 Work At Home/Telework as a Reasonable Accommodation.Equal Employment Opportunity Commission - February 03, 2003 Many employers have discovered the benefits of allowing employees to work at home through telework (also known as telecommuting) programs. Telework has allowed employers to attract and retain valuable workers by boosting employee morale and productivity. Technological advancements have also helped increase telework options. President George W. Bush's New Freedom Initiative emphasizes the important role telework can have for expanding employment opportunities for persons with disabilities. 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 Supreme Court Holds That Employers Generally Are Not Obligated To Accommodate Employees In A Manner That Violates Seniority Systems.Thelen Reid & Priest LLP - May 15, 2002 In US Airways Inc. v. Barnett, a divided Supreme Court held that an employer's seniority system trumps its obligation under the Americans with Disabilities Act ("ADA") to allow a disabled employee to transfer to another position as a reasonable accommodation. Unfortunately, this decision does not provide clear guidance for employers. Report Link U.S. Supreme Court Bolsters the Integrity of Seniority Systems in Disability Case.McDermott, Will & Emery - May 01, 2002 Handing employers a mixed victory, the U.S. Supreme Court recently decided that there is a rebuttable presumption that a seniority system need not bend to a request by a disabled individual for a reasonable accommodation under the Americans with Disabilities Act (ADA). But the court held open the possibility that an exception might have to be made under particular circumstances. Report Link Supreme Court Declines to Review ADA Interactive Process Decision.Winston & Strawn - April 24, 2002 This month, the United States Supreme Court declined to review the Ninth Circuit Court of Appeal's decision, in Humphrey v. Memorial Hospitals Assoc., 239 F. 3d 1128 (9th Cir. 2001), that failure to continue exploring possible accommodations after a chosen accommodation did not work out may have violated federal and state laws against disability discrimination. Report Link Supreme Court Addresses Reasonable Accomodation Standard and Seniority Systems Under the ADA [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - April 01, 2002 In U.S. Airways v. Barnett, No. 00-1250, 535 U.S. ___ (Apr. 29, 2002), the Supreme Court addressed the potential conflict between a disabled worker seeking a specific position as a "reasonable accommodation" and co-workers with superior bidding rights to the position under an employer’s seniority system. 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 THE AMERICANS WITH DISABILITIES ACT – THE REASONABLE ACCOMMODATION PROCESS [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - April 01, 2001 Six page PDF File that outlines the ADA reasonable accommodation process. Report Link Procedures for Providing Reasonable Accommodation for Individuals with Disabilities.Equal Employment Opportunity Commission - February 09, 2001 EEOC's internal procedures for providing reasonable accommodation for EEOC employees and applicants with disabilities. The standards implement the requirements of Executive Order 13164, which requires all federal agencies to develop written procedures explaining how they will process reasonable accommodation requests. Report Link Ninth Circuit Provides Reasonable Accommodation Guidance.Testa, Hurwitz & Thibeault, LLP - January 01, 2001 Discusses Barnett v. U.S. Air, Inc., 2000 WL 1468743 (9th Cir. 2000), in which the court addressed an employer's obligation to engage in the reasonable accommodation interactive process and whether transfer may be a reasonable accommodation within a seniority system. Report Link EEOC Enforcement Guidance.Equal Employment Opportunity Commission - March 01, 1999 Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act Report Link EEOC Enforcement Guidance.Equal Employment Opportunity Commission - March 01, 1999 Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act Report Link When An Employee’s Absence From Work Is Disability-Related Does Employers Discipline Violate Americans With Disabilities Act? [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - February 08, 1999 Lengthy discussion of whether attendance is an essential function and whether time off is a reasonable accommodation. Report Link Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.Ohio State University Law School - (No Date) Supplement to Colker & Tucker, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance(Anderson Publishing 1998)(Second Edition) Report Link Small Employers And Reasonable Accommodation. Equal Employment Opportunity Commission - (No Date) EEOC fact sheet on reasonable accommodation. Issued for small employers, but contains good overview of general reasonable accommodation issues. 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: 22 ArticlesSUBTOPICS Employment Law Seminars
UNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)
Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 LittlerHealth Care's New Labor and Privacy Law Frontiers: Defusing Tomorrow's Problems TodayDenver
May 14, 2008 Littler |
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