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.
Articles Discussing Reasonable Accommodation Under the ADA.
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?
Reasonable Accommodations Decoded
In this episode, Jen provides a roadmap for addressing reasonable accommodations requests.
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
Always Address Leaves of Absence and Accommodation Case-by-Case
In this episode, Jen explains why you cannot have a “rulebook” for handling leaves of absence and accommodations.
EntertainHR: Marvel’s Echo Teaches Employers About the Importance of Accommodations in the Workplace
The character of Maya Lopez (a/k/a Echo) was first introduced in the Marvel Cinematic Universe in Hawkeye as the leader of the Track Suit Mafia, the crime syndicate run by Wilson Fisk. After Maya learns her father was killed on Fisk’s orders, Maya leaves the syndicate and shoots Fisk. Echo
Remote Work for School Principal Is Not Reasonable ADA Accommodation if Physical Presence Is Essential, Federal Court Rules
The U.S. District Court for the Eastern District of Virginia recently rejected a school principal’s argument that remote work was a reasonable accommodation for her asthma and restrictive lung disease that she claimed were exacerbated by the poor condition of the school building in which she worked.
Seventh Circuit Says Employers May Need to Accommodate Transportation Issues Under ADA
The Seventh Circuit Court of Appeals recently held that an employee with a disability may be entitled to an Americans with Disabilities Act accommodation to get to work when attendance in the workplace is an essential job function and the accommodation is reasonable under the circumstances.
Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claims
The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment action.1 That is, “discrimination in the form of a failure to reasonably accommodate is actionable under
Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability of thousands of employees to work remotely during the COVID-19 pandemic. This has in turn created
Eleventh Circuit Holds Adverse Employment Action Is Required in ADA Failure-to-Accommodate Claim
On May 24, 2023, the U.S. Court of Appeals for the Eleventh Circuit found the latter. A 3–0 court held that an employer violates the Americans with Disabilities Act when it (a) fails to provide a reasonable accommodation to a qualified employee, and (b) the employee suffers an adverse action
Live from CCC2023 Ep. 1: Where Should My Employees Work and How Accommodating Does Our Organization Need to Be?
Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California.
The Post-Pandemic Era of “Flexibility Fatigue” and ADA Implications: What Employers Need to Know When Making the Shift Back to the Office
COVID-19 completely changed the way we grocery shop, the way we attend doctor’s appointments, and the way we work. Specifically, COVID-19 created a new era of remote work for both employers and employees.
Emotional Support Animals as Workplace Accommodations
As private employers push for remote workers to return to the office, they have faced an increasingly common dilemma—are emotional support animals permitted in the workplace as a reasonable accommodation for a disability?
The Year Ahead in Accommodations
Employers can expect to face a rash of requests that reflects rising employee IQ regarding what can be accommodated beyond the usual disability and religious considerations. In this podcast, Jackson Lewis principals Patricia Anderson Pryor and Katharine C. Weber explore the context and challenges of this expanding accommodations environment.