A reminder on reasonable accommodations: they often require deviations from employer policies

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 reminder on reasonable accommodations: they often require deviations from employer policies 2017-03-14T14:43:50+00:00

If an employee walks out of the “interactive process,” she basically loses her claim under the ADA

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.

If an employee walks out of the “interactive process,” she basically loses her claim under the ADA 2017-03-14T14:43:51+00:00

The right way to deal with a scary employee

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,

The right way to deal with a scary employee 2017-03-14T14:43:52+00:00

Is providing an employee an isolated work environment a “reasonable accommodation”?

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).

Is providing an employee an isolated work environment a “reasonable accommodation”? 2017-03-14T14:44:24+00:00

Pretext: the litigation dirty word

Every employer's nightmare: you fire someone for a performance problem or a policy violation. She sues alleging some kind of unlawful discrimination.

Pretext: the litigation dirty word 2017-03-14T14:44:25+00:00

Navy Yard shooter’s supervisors knew of mental health issues

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.

Navy Yard shooter’s supervisors knew of mental health issues 2017-03-14T14:44:26+00:00

And the ADA accommodation cases just keep coming

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?).

And the ADA accommodation cases just keep coming 2017-03-14T14:44:27+00:00