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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.
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ArticlesFound: 5 ArticlesNO SUBTOPICSEmployment Law Seminars
Top Tips to Protect Your Workplace From Violence
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November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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