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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 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 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 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.
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ArticlesFound: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
Reserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and Managers
Online
August 12 2008 Ballard RosenbergThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActWaterbury
2008-8-13 Jackson Lewis LLPStrategies For Keeping The EEOC/DFEH Away & What To Do If They Show UpSan Diego
August 13, 2008 Barker Olmsted & Barnier11th Annual Labor & Employment LawSeattle
August 14-15, 2008 The Seminar GroupPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Eureka
August 14, 2008 Shaw Valenza3rd Annual Virginia Labor and Employment Law SeminarMarion
August 14, 2008 Baker DonelsonThe New Formula for Success: Eł = MC (Employees*Economy*Energy = Managing Costs)Online
August 14, 2008 LittlerFree Lunchtime Webinar: Beat The Summertime Doldrums: The Top Ten Ways To Issue-Proof Your Workplace.Online
August 15, 2008 Fisher & PhillipsPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB1825 COMPLIANCE)Sacramento
August 19, 2008 Shaw Valenza LLPA Health Care Providers Guide to Navigating Employment and Labor IssuesMemphis
August 20, 2008 Baker Donelson |
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