Total Articles: 12
Ninth Circuit: No Duty to Accommodate Unqualified Applicant With Disability
Trish Johnson was a special education teacher. She was required to maintain a teacher certification. To do so, she had to satisfy certain continuing education requirements, including having 3 hours of college credit over a five year period. Johnson failed to complete the college credit on time and told her bosses she would lose her certification. Her school district could have petitioned the state for an exemption, but declined to do so. Johnson lost her certification and was fired.
She sued under the ADA, claiming the school district had to apply for and obtain the exemption as a form of accommodation of her depression and other mental impairments.
Agreeing with the district court, the Ninth Circuit upheld summary judgment. The court held that a plaintiff under the ADA must establish she is a "qualified individual with a disability" or no accommodation is due.
11 Employer FAQs (No. 11): Are pregnant employees entitled to reasonable accommodation?
Never . . . well, hardly ever.
Whether an Employer Has a Duty to Accommodate is a Question for Which There is No Simple Answer
One of the more common pieces of advice offered by employment attorneys to their clients is "Be consistent." And for good reason - consistent application of company policy is an important part of the rubric attorneys use when defending employers against discrimination claims. Yet, an over - emphasis on consistency at the expense of a case by - case determination of the proper course of action should be avoided, particularly when the situation involves an accommodation request by an employee, for, as many multi-state employers are aware, state laws may be different - and seemingly inconsistent - when it comes to the modification of an employee's duties.
THE BENEFITS AND PRIVILEGES OF REASONABLE ACCOMMODATION
Most litigation related to disability discrimination involves whether the employer adequately accommodated limitations on an employee's ability to perform essential job functions. The 9th U.S. Circuit Court of Appeals' recent opinion in EEOC v. UPS Supply Chain Solutions, 2010 DJDAR 13607 (Aug. 27, 2010), is a reminder that reasonable accommodation obligations are much broader than that.
A SAD Story In So Many Very Different Ways
Which brings me, long way round so to speak, to the report in Eau Claire Leader Telegram of Tuesday's verdict in a Madison, Wisconsin trial of a teacher's disability claim. Former Somerset teacher wins $2 million lawsuit.
UNDERSTANDING REASONABLE ACCOMMODATION.
To help prevent discrimination against employees with disabilities, both the federal Americans with Disabilities Act and the California Fair Employment and Housing Act require employers to provide an employee with a disability “reasonable accommodation.” This term means a modification or adjustment to the workplace that enables the employee to perform the essential functions (i.e., the primary duties) of the job.
Service Animals That Provide Psychiatric Service.
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.
Table for Two, Please--Me and My Seeing-Eye Horse.
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.
Hospitality Update: Business Going To The Dogs?
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.
DISABILITY DISCRIMINATION AND QUALIFICATION STANDARDS.
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.
Employer Has Duty To Accommodate Employee With "Obvious" Disability.
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.
Second Circuit Says Employer Has A Duty To Reasonably Accommodate Employee With An Obvious Disability, Even Without A Request To Do So.
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.
