“The only thing for sure that we can say about 2025 is that the changes are just going to keep coming. So, make sure that you’ve really got your eye on the ball, that you’re plugged into your different resources so that you can stay ahead of the curve, be compliant and be the employer of choice.”
Articles about the Americans with Disabilities Act (ADA), and other issues relating to disability discrimination in the workplace.
Websites Are Not Places of Public Accommodation Subject to Title III of the ADA, Federal Court in New York Rules
In a careful, reasoned decision that deeply explored the meaning of “public accommodation” under the Americans with Disabilities Act (ADA), the chief judge of the U.S. District Court for the Southern District of New York held in Mejia v. High Brew Coffee Inc. that websites and virtual-only businesses are not
The U.S. Mental Health Crisis
This article is a continuation of a series of Alerts providing guidance for employers on handling mental health issues in the workplace and specifically addresses issues that relate to neurodiversity and employees who self-identify as neurodivergent.
Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules
On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public Utilities (BPU) and against a former employee, Jill Ann Rogers, on her claims for
Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims
On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol (THC) to treat anxiety and muscle spasms formed a sufficient basis for an unlawful termination and failure to accommodate claim
Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s failure-to-accommodate claims under the federal Rehabilitation Act of 1973.
ADA Compliance in Real Estate
Intensive Workshop: Effectively Managing Leaves of Absence and Reasonable Accommodations (Advanced Topics)
We hire employees to do their job, but what happens when they need protected time off or a reasonable accommodation?
Workplace Law After ‘Loper’: Is Disability and Leave Management in Peril?
Recent SCOTUS decisions, including Loper Bright could see challenges to ADA and FMLA regulations.
The U.S. Mental Health Crisis and the Workplace
Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues.
The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities
On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.
If You Re-Started Your Workplace with Five Privileges of Employment, How Would You Break Down Barriers for Colleagues with Disabilities?
Beads of sweat formed on my forehead, and my eyes began tearing up.
It was one month ago, and all it took was five minutes.
I was seated among 35 of my Littler colleagues, all of us participating in a week-long Executive Leadership Program through Northwestern’s Kellogg School of Management.
Reasonable Accommodations Decoded
In this episode, Jen provides a roadmap for addressing reasonable accommodations requests.
Eighth Circuit Chips Away at ‘Honest Belief’ Defense and Creates ‘Intertwinement Test’ for Disability Discrimination Cases
On July 1, 2024, in Huber v. Westar Foods, Inc., in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S. Equal Employment Opportunity (EEOC) guidance), holding that an employer must show that
Sixth Circuit Opinion Offers Guidance on How Employers Can Identify Reasonable Accommodation Requests Under the ADA
It is well settled that when requesting reasonable accommodation under the Americans with Disabilities Act (ADA), employees are not required to use the words “ADA,” “reasonable accommodation,” “disability,” or any other special words—nor are they required to make the request in any specific manner (e.g., oral or written). Employees are