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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 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 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 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 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.
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ArticlesFound: 5 ArticlesNO SUBTOPICSEmployment 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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