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.
Articles Discussing Reasonable Accommodation Under the ADA.
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?
Judge Overrules Intern’s Service Dog Lawsuit Against Hospital
Service dogs are becoming increasingly common in workplace accommodations requested by employees that have disabilities. In January 2023, U.S. District Judge Paul D. Borman granted a hospital’s request for summary judgment after a student intern sued the facility for disability discrimination when her service dog accommodation was removed. A summary
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.
Trending: Requested Accommodations For Mental Health Issues
By: Trending: Requested Accommodations For Mental Health Issues
While California’s COVID-19 State of Emergency is set to end on February 28, 2023, and California’s Supplemental COVID Supplemental Sick Pay has already sunsetted, the effects of the pandemic continue to impact California employers. Most recently, there has been a major uptick in
Guidance on ADA Accommodations and Medical Restrictions’ ‘Plain Meaning’ From Federal Appeals Court
The federal appeals court in Chicago has provided helpful guidance on employers’ obligation to accommodate qualified individuals’ medical restrictions under the Americans with Disabilities Act (ADA) in a case involving a correctional officer.
Appellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request
One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the
Former In-House Attorney Sues Employer For Not Providing Remote Work Accommodation
A former in-house attorney sued his former employer for disability discrimination after they allegedly refused his requests to work remotely and fired him in 2020. Sol Goldman Investments (SGI), a real estate management company with both commercial and residential holdings in New York, was sued in 2021 by Jeffrey Goldman,
Intensive Workshop: Effectively Managing Leaves of Absence and Reasonable Accommodations
We hire employees to do their job, but what happens when they need protected time off or a reasonable accommodation?
Putting Leave Requests in the Right Box
In this episode, Jen discusses the distinction between statutory leave and leave as a reasonable accommodation.
Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana
A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment Discrimination Law (LEDL) case, finding, among other things, that accounting for and excusing a false
Kentucky Man Fired Following Panic Attack in Response to Unwanted Birthday Party Receives $450,000
In 2019, a Kentucky man was fired after having a panic attack in response to an unwanted office birthday celebration. Kevin Berling had been working for Gravity Diagnostics for about 10 months when he asked his manager not to plan any sort of party or celebration for his upcoming
Manufacturers Face Unique Problems in Accommodating Assembly Line Workers With Disabilities
As manufacturers rebound from the disruptive impact of the COVID-19 pandemic and begin putting more employees back to work, they should be prepared for a corresponding increase in requests for accommodation from assembly line workers.
Pending Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”
Recently the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance regarding discrimination against employees with caregiving responsibilities for family members. California similarly has a pending bill, Assembly Bill (AB) 2182, which seeks to add “family responsibilities” as a protected class under the Fair Employment and Housing Act (FEHA).