|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
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.
|
Employment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
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 ConawayWebinar: Changes to the ADA - Are Your Accomodations Reasonable?Webinar
December 3, 2009 ElarbeeLandmines, Trends and ToolsCharlotte
December 3, 2009 LittlerEnd of Year EthicsColumbus
December 3, 2009 LittlerClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & Harrison |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2009 elinfonet.com, llc.
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. | ||
Federal Article Feeds