Sunday, July 5, 2026Labor & Employment Law
Employment Law Information Networklocated at elinfonet.com since 200159+ results for “disability”
Resource Library
HR Guidebook
Americans with Disabilities Act – Title IHR Operations
Disability Accommodation Request ProcessA consistent, documented process for evaluating a request for reasonable accommodation from an applicant or employee.
HR Guidebook
Disability Case Management GuidelineCoordinating short-term disability, long-term disability, and workers' comp cases toward a safe, prompt return to work.
Employment Contract Provisions
Disability ProvisionEmployment Contract Provisions
Disability, Defined ProvisionHR Policy Samples
Long-Term Disability PolicyPartial salary replacement for eligible employees with a non-work-related long-term illness or injury.
HR Policy Samples
Personal Leave of Absence PolicyDiscretionary, unpaid leave for personal reasons that don't qualify under FMLA, disability, or another protected leave.
HR Policy Samples
Short-Term Disability PolicySalary replacement for eligible employees during a non-work-related short-term illness or injury.
Employment Contract Provisions
Termination, Death or Disability ProvisionADA - Reasonable Accommodation
On June 26, 2026, the U.S. Court of Appeals for the Third Circuit ruled that a Pennsylvania university did not discriminate against a secretary based on an alleged disability when it denied her request to work remotely as a disability accommodation because the secretary’s position had several in-person job responsibilities.
HR Headlines
Judges Appear Open to Reviving EEOC Drug Use Disability Case Bloomberg Law News
California - Fair Employment And Housing Act
HR - General
In this installment of our Workplace Strategies Watercooler 2026 podcast series, shareholders Tina Bengs (Chicago/Indianapolis), Joseph Cartafalsa (New York), and Michael Riccobono (Morristown) walk through a comprehensive compliance checklist covering mandatory leave and accommodation obligations for disability, pregnancy, and religion, along with family and medical leave laws. The speakers also address how to navigate ERISA, […]
HR Headlines
Walmart to pay $230K to settle EEOC disability lawsuit AOL.com
HR Headlines
A reader writes: We’ve been having major issues with an employee, James. We hired him knowing of his disability, gastrointestinal issues, and have made all reasonable accommodations. He works by the bathroom and he calls out if he needs to. A year in, James has started bragging that he can take all the time off […] The post employee is using disability protections to do whatever he wants appeared first on Ask a Manager .
ADA - Mental Disabilities
As Mental Health Awareness Month (annually observed each May) draws attention to the prevalence of mental health conditions in the workplace, employers should be reminded that mental health conditions may qualify as disabilities under the Americans with Disabilities Act (ADA), and, if so, employers
Multinational Employers
In this podcast, Kathryn Bird (Toronto), Erin Schachter (Montréal), and Shir Fulga (Toronto) examine the Ontario Divisional Court’s 2025 decision in Bokhari v. Top Medical Transport Center Services, which reviewed the Human Rights Tribunal of Ontario’s preliminary dismissal of a disability discrimin
ADA - Reasonable Accommodation
Can an employee’s seasonal allergies qualify as a disability that the employer must reasonably accommodate under the Americans with Disabilities Act (ADA)? Short answer: It depends.
Multinational Employers
UK Government Confirms Commitment to Introduce Mandatory Ethnicity and Disability Pay Gap Reporting for Large Employers As part of its “Plan to Make Work Pay,” the UK Government pledged to introduce mandatory ethnicity and disability pay gap reporting for large employers via a draft Equality (Race a
ADA - Reasonable Accommodation
In this episode of our Litigation Lens podcast series, Shareholders Michael Nail (Greenville) and Sarah Zucco (New York) analyze Dudnauth v. A.B.C. Carpet & Home Inc., a case from the U.S. District Court for the Southern District of New York involving disability discrimination and wage and hour clai
Missouri - General
Missouri’s Labor and Industrial Relations Commission ruled that without a competing PPD disability rating, an Administrative Law Judge is not free to substitute their own opinion.
New Jersey - General
New Jersey Dramatically Expands Job-Protected Family Leave and Benefits On July 17, 2026, amendments to the New Jersey Family Leave Act (NJFLA) and the laws administering New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) benefits will take effect, expanding employer an
New Jersey - General
Employers that discriminate against employees and applicants based on their language may violate the New Jersey Law Against Discrimination (LAD) if the discrimination is tied to one or more protected characteristics, such as national origin, ancestry, nationality, race, religion, or disability, the
ADA - Reasonable Accommodation
On January 2, 2026, the U.S. District Court for the Southern District of New York ruled that the denial of an employee’s request to continue working from home as a disability accommodation was not enough to constitute disability discrimination, finding that the failure to accommodate alone is not an
ADA - Disability Defined
On November 7, 2025, the U.S. Court of Appeals for the Sixth Circuit ruled that, in some cases, night blindness may be considered a disability under the Americans with Disabilities Act (ADA). In Edwards v. Shelby County, Tennessee, the court upheld a jury verdict finding that the employer discrimina
Affirmative Action - OFCCP
As of October 1, 2025, the jurisdictional thresholds for two key regulations impacting federal contractors—the Rehabilitation Act (Section 503) and the
Multinational Employers
The Court of Justice of the European Union (CJEU) has held in a preliminary ruling procedure that parents who care for a child with a disability may seek protection under the principle of equal treatment against their employer, and may therefore have a claim to adjustments to their working hours.
ADA - General
In this podcast recorded at our recent Corporate Labor and Employment Counsel Exclusive® seminar, Tae Phillips (shareholder, Birmingham), Jim Paul (shareholder, St. Louis/Tampa), and Scott Kelly (shareholder, Birmingham) continue their discussion of the EEOC’s evolving enforcement priorities—this ti
ADA - Reasonable Accommodation
Since the COVID-19 pandemic began in March 2020, telework has become a normal part of many workplaces. For HR professionals, though, remote work raises new compliance questions—especially when employees request telework as an accommodation. The
ADA - Reasonable Accommodation
In a cautionary “tail” about the importance of engaging in the interactive process, when a Maryland automobile dealership allegedly denied an Iraq War veteran’s request for a service dog to manage panic attacks from post-traumatic stress disorder (PTSD), the U.S. Equal Employment Opportunity Commiss
ADA - Reasonable Accommodation
TakeawaysEmployee requests to work from home have become increasingly common, often as a form of reasonable accommodation under the ADA.For employers in the financial services industry, these requests can raise complex questions about security, compliance and the essential functions of a role.Employ
Affirmative Action - OFCCP
On August 25, 2025, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a solicitation for comments regarding specific questions related to a proposal for modifications to the Office of Management and Budget’s disability data
Affirmative Action - OFCCP
On August 25, 2025, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a follow-up solicitation for comments regarding specific questions related to its July 1, 2025, proposal for modifications to the regulations implementing
Affirmative Action - OFCCP
OFCCP Seeks Input on Revised Complaint Forms Having recently announced a resumption of its processing of complaints alleging discrimination on the basis of disability or veteran status, the Office of Federal Contract Programs (OFCCP) published a notice in the Federal Register on July 7, 2025, reques
Affirmative Action - OFCCP
OFCCP has published proposed modifications to the VEVRAA and Section 503 regulations which govern federal contractor affirmative action obligations for
HR - General
Jen has talked about “quiet quitting,” but what’s an employer to do when the work is technically getting done—just with zero initiative, collaboration, or care? In this episode, Jen explores the legal boundaries of managing checked-out employees without crossing into retaliation, disability discrimi
HR - Artificial Intelligence (AI)
Evolving technology is changing the face of workplace law at a pace previously not contemplated, including in the area of leaves and accommodation.
Affirmative Action - OFCCP
On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified the contractor community about U.S. Department of Labor (DOL) Secretary’s Order 08-2025, which lifted the abeyance previously instituted in January 2025 related to OFCCP’s investigative and enforcement activities. O
ADA - General
On June 12, 2025, the Supreme Court of the United States issued a unanimous decision in A.J.T. v. Osseo Area Schools, Independent School District No. 279 , No. 24-249, clarifying the standard for disability discrimination claims brought by students under the Americans with Disabilities Act (ADA) and
Connecticut - Workers' Compensation
Connecticut Legislature Overrules State Supreme Court on Workers’ Compensation Heeding outcry by employers, the Connecticut legislature has nullified the state Supreme Court’s interpretation of temporary partial disability provisions of the Workers’ Compensation Act. tgelbman@littler.com Tue, 05/27/
ADA - Reasonable Accommodation
Second Circuit: ADA Can Require Accommodation Even When Employee Could Perform Job Without It The Americans with Disabilities Act (ADA) may require an employer to accommodate a disability even when an employee could perform the job without it. That is the upshot of the recent decision by the U.S. Co
Pennsylvania - General
On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had a job offer rescinded following a pre-employment drug screen.
Pennsylvania - General
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter of law. The ruling could be the first instance of a federal court adopting
ADA - Mental Disabilities
Accommodation requests for mental health issues are on the rise. Even though these types of disabilities might not be outwardly apparent, employers must address requests for mental health accommodations in the same way they would evaluate— and potentially accommodate—any disability as legally requir
ADA - Mental Disabilities
As diagnoses of neurodiversity become more common, employers are facing more disability discrimination complaints from neurodivergent workers, according to recent data from the U.S. Equal Employment Opportunity Commission (EEOC).
Benefits - Retirees
The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether retirees can sue for disability discrimination because of changes to retir
Sex Discrimination - Pregnancy
As the Pregnant Workers Fairness Act continues to generate a significant amount of court litigation and requests for mental health accommodations continue to rise, the anticipated challenges and trends in disability leave, health management and workplace accommodations for 2025 are numerous.
California - General
California Law For decades, California has allowed employers to pay intellectually or developmentally disabled workers a subminimum wage in certain settings. Currently, disabled workers employed through a “sheltered” disability program are paid from $3 to $14
California - Fair Employment And Housing Act
By: California Court of Appeal Upholds Adverse Employment Action Where Employee Unable to Perform Essential Job Functions This month, the California Court of Appeal affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the
Benefits - Retirees
The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans.
ADA - General
Recent SCOTUS decisions, including Loper Bright could see challenges to ADA and FMLA regulations.
Sex Discrimination - Orientation And Identity
Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
ADA - General
On July 1, 2024, in Huber v. Westar Foods, Inc. , in a 2–1 decision, the Eighth Circuit Court of Appeals departed from the “honest belief” defense recognized by the First, Second, Fourth, Fifth, and Seventh Circuits (and U.S. Equal Employment Opportunity (EEOC) guidance), holding that an employer mu
Connecticut - HRO Law
A Connecticut appellate court recently held that the Connecticut Fair Employment Practices Act (CFEPA) does not recognize a cause of action for associational disability discrimination.
ADA - Reasonable Accommodation
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 (
ADA - Reasonable Accommodation
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.
ADA - Reasonable Accommodation
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 acco
HR - Diversity, Equity and Inclusion (DEI)
In celebration of Disability Pride Month, Jennifer Duke, Littler Learning Group Director and attorney, talks with Anna Curry Gualano, Littler Principal and co-chair of the firm’s Individuals with Disabilities affinity group, about the importance of disability inclusion and its impact in the workplac
ADA - General
In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more to do,” signaling a continued emphasis by the administration on disability