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  The Risk of Automatically Terminating Employees After Leave Expires.Young Conaway Stargatt & Taylor, LLP - February 09, 2010 The EEOC published a press release a few days ago about the distribution of a $6.2 million settlement it had reached with Sears, Roebuck & Co. The lawsuit had been filed in November 2004 in federal court in Chicago. The consent decree was entered and publicized on September 29, 2009 as the largest ADA settlement in a single case in EEOC history. Report Link ADA’s Interactive Process May Require Plaintiff to Identify Open Position for Transfer.Ogletree Deakins - July 13, 2009 As defined under the Americans with Disabilities Act (ADA), the term “discriminate” includes an employer’s failure to make reasonable accommodations to the limitations of a disabled employee. Reasonable accommodation may include reassignment to a vacant position within the company. The 10th U.S. Circuit court of Appeals recently held that a disabled employee could not support her failure-to-accommodate claim under the ADA, because she did not present evidence of any specific vacant positions to which she could have been transferred. Report Link Request For an Indefinite Leave of Absence is Not a Reasonable Accommodation Under the ADA.Ogletree Deakins - May 04, 2009 The 8th U.S. Circuit court of Appeals recently upheld summary judgment in favor of an employer who terminated the employment of an individual undergoing cancer treatment. Peyton v. Fred’s Stores of Arkansas, Inc., 8th Cir., No. 08-2346, April 15, 2009. In that case, the Court held that because there was no reasonable accommodation that would have allowed the individual to perform the essential functions of her job during the period in which she was absent for treatment, there was no violation of the ADA. Report Link ALTERNATIVE POSITIONS AS A REASONABLE ACCOMMODATION: WHAT IS REQUIRED?Shaw Valenza LLP - October 10, 2008 The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) both require employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified employee or applicant with a disability. However, an employer’s duty to provide reasonable accommodation under the FEHA is broader than under the ADA, even considering the recent amendments to the ADA which become effective on January 1, 2009. (We wrote about the amendments in our September 24, 2008, column.) Report Link Job Reassignment Under ADA Remains Unclear.Fisher & Phillips, LLP - March 05, 2008 While the Supreme Court stands to be quite busy in the next several months deciding important employment law questions, it will not issue a ruling in one of the more widely-anticipated cases that had appeared on its docket this term: Huber v. Wal-Mart Stores, Inc.
This case was to decide the correct standard to apply in ADA cases when an employee seeks a reassignment to a new position as a reasonable accommodation – should that employee merely be afforded the opportunity to compete with other applicants in the normal hiring pool, or should the employer be forced to grant preferential treatment and automatically reassign that employee above more qualified applicants? Report Link Light Duty: Handle with Care.Jackson Lewis LLP - March 24, 2006 Earlier this year, a California court of appeal concluded employers are not required to make temporary light-duty positions permanent as an accommodation under California's Fair Employment and Housing Act ("FEHA"). The court's decision in Raine v. City of Burbank provides clarification on an important question and highlights issues employers should consider in deciding whether and how to administer light duty programs. The good news is this: light duty, handled appropriately, may provide benefits to both employers and employees. Report Link Family Leave As An Accommodation Under The ADA.Ballard Rosenberg Golper & Savitt - September 01, 2002 The Tenth Circuit held that a request for a leave within the limitations of the Family and Medical Leave Act ("FMLA") may qualify as a request for a reasonable accommodation under the Americans With Disabilities Act ("ADA"). Report Link Accommodation Ideas.Job Accommodation Network - (No Date) Consultants from the Job Accommodation Network have compiled several ideas for accommodating individuals with particular disabilities, ranging from AIDS to Wheelchair Users.
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