When an employee requests a reasonable accommodation, the employer is obligated to engage in the "interactive process," which is a dialogue between employer and employee to try to come up with a reasonable accommodation. What if an employee's proffered accommodation conflicts with a well-established rule or policy?
A recent case makes this seemingly obvious point clear. It's good news for employers, who would do well to copy the employer's actions here. In EEOC v. Kohl's Dept Stores, decided just last month, a diabetic employee sought to have her shift changed as an accommodation under the ADA.
The Seventh Circuit recently sent an ADA case to trial, reversing a lower court's grant of summary judgment to the employer.
The maxim that customer preference is never an excuse for discrimination comes into play with one-armed security guard
A federal jury in Florida just ruled in favor of a one-armed security guard who was effectively fired after a customer complained about his assignment. The customer called the security company a "joke"
The Ninth Circuit recently decided Weaving v. Hillsboro, involving a police officer with ADHD (attention deficit hyperactivity disorder). The officer had severe interpersonal problems with co-workers and was terminated.
Say you have an employee who exhibits strange and intimidating behavior such as glaring at colleagues, standing inappropriately close to them, laughing in a wild cackling manner, clenching his fists,
Back in April I blogged about a noteworthy Sixth Circuit case that held telecommuting may be a reasonable accommodation. (See here for the post). The case was filed by the EEOC
Back in May I blogged about an employee who was fired for stealing a bag of chips from Walgreens.
The ADA requires employers to provide reasonable accommodations, including leaves of absence, to qualified individuals with disabilities unless doing so would result in an undue hardship.
The Law School Admissions Council (LSAC) administers the LSAT - the prerequisite to aspiring lawyers everywhere to get into law school.
While it seems like the answer to this question should be a resounding "no," a recent case against Walgreens shows that sometimes, permitting employee theft may actually be a reasonable accommodation.
When employees exhibit behavior problems, it can be tempting to label them with psychiatric terms (e.g. bipolar, narcissistic, OCD, schizophrenic).
The EEOC recently released an informal discussion letter to an employer who inquired about the legality of its ADA forms.
The recent case of Hamedl v. Verizon Commc’ns, Inc. affirms this principle of the law of reasonable accommodations under the ADA.
The employer in the recent Sixth Circuit case of Demyanovich v. Cadon Plating and Coatings just learned this, when the court sent the plaintiff's case to a jury trial
In Rorrer v. City of Stow, the Sixth Circuit reversed a trial court's dismissal of an ADA claim filed by a firefighter who lost vision in one eye.
Earlier this month a federal court in Florida granted summary judgment to an employer on an ADA claim.
It used to be almost black letter law that a temporary disability (e.g., a broken bone) did not qualify as a disability under the Americans with Disabilities Act ("ADA").
What to tell employees when they complain about “preferential” treatment (i.e., reasonable accommodations for other employees)
Not much. Employees are not entitled to know what other employees are going through in terms of ADA-qualifying issues.
Integrity tests are personality tests used by employers to assess the tendency of applicants to be honest, trustworthy and reliable.
After being diagnosed with depression, anxiety and a panic disorder, she requested to work in isolation, away from both subordinates and supervisors. The postal service refused her request, precipitating a claim of failure to accommodate under the Rehabilitation Act (which mirrors the ADA in most respects).
Every employer's nightmare: you fire someone for a performance problem or a policy violation. She sues alleging some kind of unlawful discrimination.
It's ADA 101 that employers need to provide reasonable accommodations to employees with disabilities to enable them to perform the essential functions of the job. But who determines the essential functions?
Last weekend the New York Times ran a big story detailing who knew what and when about the mental health, or lack thereof, of Navy Yard shooter Aaron Alexis. Alexis killed twelve people in a shooting rampage in September.
The EEOC just announced a settlement with Creative Networks, a Phoenix-based company that provides services for the disabled (you can see the irony coming, can't you?).