Topic
Interactive Process
73 published works
Disability, Leave & Health Management Blog
Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”
On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its…
California Employment Law
ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal
By Nancy Yaffe
The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the…
K-12 Legal Insights
Seventh Circuit Court of Appeals Finds School Failed to Accommodate Teacher with Mental Disability
A recent Seventh Circuit Court of Appeals decision should serve to remind schools of the importance of engaging in the “interactive process” with employees who may request work-related accommodations under…
Connecticut Employment Law Blog
Silence May Not Be Golden When It Comes to the ADA’s Interactive Process
My colleague Gary Starr sits next to my office and sometimes we bounce ideas off each other. One of the things we were talking about recently was a new case that discussed…
The EPL Advisor
Poor Performing Employee Cannot Shift Interactive Process Obligation under the ADA
The U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment finding that an employer did not violate the Americans with Disabilities Act (“ADA”) by discharging…
Labor & Employment Insights
When to Say When? Fifth Circuit Rules on When an Accommodation Isn’t Working
In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable…
Employment Law Matters
How much “interactive process” is enough to preclude ADA liability?
To support a failure-to-accommodate claim under the Americans with Disabilities Act, a plaintiff must establish both a prima facie case of discrimination and an employer’s failure to accommodate it. But…
California Employment Law
Sarkisian Alleges He Was “Kicked to the Curb” by USC: Lessons In Disability Accommodation and the Interactive Process
By Nancy Yaffe
As an alum of USC Law, I have been particularly interested in the news surrounding USC’s termination of football coach, Steve Sarkisian. In fact, several of my colleagues have already…
Understanding the ADA
Essential job functions, Big Time College Football and Alcoholism
Just about everyone on the Internet and in the blogosphere is talking about the filing of Coach Sarkisian's disability discrimination lawsuit against University of Southern California. All kinds of folks…
HR Defense
Second Circuit Confirms That Providing “Effective” Reasonable Accommodation Sufficient Under ADA and NYS Law
In Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir May 21, 2015), the Second Circuit Court of Appeals addressed the extent to which, under the ADA and New York…