|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link Disabled employees must provide corroborating evidence of non-obvious, medically necessary accommodations. Ogletree Deakins - October 26, 2009 Under the Americans with Disabilities Act, employers and employees are required to engage in an interactive process with respect to a disabled employee’s request for a reasonable accommodation. In cases of psychological disability - depression, for example - necessary accommodations may be non-obvious to the employer. In those cases, courts have held that in order to trigger an employer’s obligation to provide accommodation, a disabled employee must make the employer aware of any non-obvious, medically necessary accommodations by supplying corroborating evidence, such as a doctor’s note or statement. Recently, the 7th U.S. Circuit Court of Appeals reversed a lower court’s dismissal of a case, and found that a school failed to engage in the required interactive process after a teacher provided a doctor’s statement that linked the teacher’s Seasonal Affective Disorder depression to the lack of windows in her classroom. Report Link Disability Law Update Employer’s ADA Analysis Too Restrictive, Says Ninth Circuit.Barker Olmsted & Barnier - March 05, 2009 Employers struggle with the definition of “disability” under the federal ADA. Most people in the HR field know that an ADA disability is a physical or mental condition that substantially limits a major life activity, but this definition is of little use when it comes to determining whether a particular employee is disabled. Report Link ADAAA Legislative History Provides Possible Clue to New "Disability" Definition.Ford & Harrison LLP - November 06, 2008 One definition of the term "disability" under the Americans with Disabilities Act (ADA) is "a physical or mental impairment that substantially limits a major life activity." The Americans with Disabilities Act Amendments Act (ADAAA) retains the same wording of that definition, but makes clear that the courts' and the EEOC's interpretations of the term "substantially limited" as requiring that an individual prove that he or she is "significantly restricted" in a major life activity, or words to that effect, impose too high of a standard for proving that an individual is disabled. Unfortunately, the ADAAA does not set forth a new standard, but instead requires the EEOC to issue new regulations doing so. With the January 1, 2009 effective date of the statute rapidly approaching, employers are understandably anxious for guidance on the issue. Report Link Supreme Court Tightens the Reins on Who Is "Disabled" Under the ADA in Claim by Employee with Carpal Tunnel Syndrome.Jackson Lewis LLP - January 09, 2002 Discusses Toyota Motor Mfg., Ky., Inc. v. Williams, No. 00-1089, ___ U.S. ___ (January 8, 2002), in which the court held that held that to be covered by the Americans with Disabilities Act (ADA), a person must have substantial limitations on abilities that are central to daily life and not just the workplace. Report Link Judicial Trends in ADA Enforcement.U.S. Commission on Civil Rights - (No Date) Chapter 3 from "Sharing the Dream: Is the ADA Accommodating All?", which includes a discussion of Supreme Court cases that address who qualifies for coverage under the ADA.
|
ArticlesFound: 5 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
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 ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
|
| ||
|
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