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.
Articles Discussing Reasonable Accommodation Under the ADA.
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?
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?