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Article Index » disability discrimination » reasonable accommodation » General
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 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 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 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 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.

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