Total Articles: 6
EEOC Examines Use of Leave as Reasonable Accommodation
On June 8, 2011, the EEOC held a Commission Meeting where the use of leave as a reasonable accommodation was explored. During the meeting, the EEOC reiterated the importance of providing leave in certain circumstances as a reasonable accommodation. The EEOC noted that while many requests for leave can be handled under an employer's regular leave policies, some situations require making exceptions to an employer's leave policies. For instance, the EEOC specifically provided its stance on "no fault" leave policies - i.e., those policies under which an employee is automatically terminated after using a certain amount of leave - stating that such policies "must be modified as a reasonable accommodation, absent undue hardship, if an employee with a disability needs additional leave." The Commission Meeting follows a recent trend of increased EEOC challenges to employer leave policies. This trend is perhaps best demonstrated by review of recent press releases from the EEOC, which have highlighted the EEOC's role in recent litigation.
Employer Best Practices: "Leave" as a Reasonable Accommodation Under the ADA
Thanks to those who attended my webinar last week with EEOC Regional Attorney John Hendrickson on "Examining the Use of 'Leave' as a Reasonable Accommodation Under the ADA." If you missed the program, you can access the webinar and materials here. As the survey feedback indicated, it was a great opportunity to discuss issues specifically relating to leaves of absence under the Family and Medical Leave Act and the Americans with Disabilities Act.
The EEOC's 5 warnings about medical leaves and the ADA
The U.S. Equal Employment Opportunity Commission held a public hearing this week on leave of absence as a reasonable accommodation under the Americans with Disabilities Act.
The Risk of Automatically Terminating Employees After Leave Expires.
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.
Request For an Indefinite Leave of Absence is Not a Reasonable Accommodation Under the ADA.
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.
Family Leave As An Accommodation Under The ADA.
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").
