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.
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.
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 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
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
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.
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.
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?
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
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.
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
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.
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
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,
We hire employees to do their job, but what happens when they need protected time off or a reasonable accommodation?