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
Articles Discussing Reasonable Accommodation Under the ADA.
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.
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).
A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to whether the parties participated in the interactive process in good faith
Michael Foley, an associate in the Labor & Employment Practice Group in the New Orleans office, wrote the article “Reasonable Accommodation Not Always Employee’s Preferred Choice,” which was republished in HR Daily Advisor. In his article, Michael reviews a recent decision from the US 5th Circuit Court of Appeals which clarified that a disability accommodation can be reasonable even if it’s not the employee’s first choice. Michael says the ruling also demonstrates that it is important to take seriously all accommodation requests arising from an employee’s limiting physical or mental conditions, even if they appear minor or temporary.
The COVID-19 pandemic has led to an explosion of remote work, including for positions traditionally not considered eligible for remote work. As employers have returned employees to office work environments, some employees who historically worked on-site have requested continued work from home as an accommodation under the Americans with Disabilities
On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and supervisor change request were unreasonable under the federal Rehabilitation Act and that
In the wake of the Biden administration’s announcements last week, including the release of its COVID-19 Action Plan, employers are scrambling to determine what federally-mandated COVID-19 vaccines and/or weekly COVID-19 testing could mean for their workplace.
Providing a reasonable accommodation to a disabled employee under the Americans with Disabilities Act (ADA) can be one of the most difficult and complex issues employers, particularly manufacturers, face.
On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would
The Tenth Circuit recently held that a disabled employee was not required to show that she suffered a separate adverse employment action to establish a failure to accommodate claim under the American’s with Disabilities Act (ADA). Exby-Stolley v. Board of County Commissioners. Plaintiff alleged that the employer failed to accommodate
A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10, 2020).
The City of Murfreesboro hired Hamric as a Cultural Arts Program Specialist in
The EEOC has issued helpful guidance on expectations for employers receiving remote working requests in the future, clarifying that an employer’s temporary shift to a remote environment does not create an obligation to accept future remote working requests.
It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards.
The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA). While the number of filings was