Employment Law Information Network
Google
 
Web www.elinfonet.com
Main Navigation
Federal Law Articles
State Law Articles
HR Newsletter
HR Guidebook
HR Policy
HR Seminars
Employment Contracts
Employment Law Forums
Employment Law Blog
Employment Laws
Employee Rights
Workplace Headlines
Federal Article Feeds Federal Article Feeds
State Article Feeds State Article Feeds
Get Our FREE Daily or Weekly Newsletter!
Email:
Over 8,300 Subscribers! More Information
Article Index » disability discrimination » reasonable accommodation » Interactive Process
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.

Articles

Found: 5 Articles

NO SUBTOPICS

Sort Articles   
  
Employment Law Seminars

Terms of Use  |  Privacy  |  Advertising  |  About  |  Contact  |  For Law Firms  |  Partners

Copyright © 2009 elinfonet.com, llc.
All Rights Reserved.

The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.

This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations.  As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law.  None of the information contained on this site is, or should be construed as, legal advice.  The information should not be relied upon for legal advice.  We are not engaged in the practice of law and no attorney-client relationship is being created.  Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege.  If you are seeking legal advice, find a qualified lawyer in your area.  If you need help finding a lawyer, call your local, county or state bar association.

All logos and trademarks on this site are property of their respective owners.