Topic
Interactive Process
73 published works
Drug and Alcohol Testing Law Advisor
Employee’s Request to Provide Information Excusing Positive Drug Test Could Trigger Obligation to Engage in Interactive Process
An employee’s request to provide medical documentation excusing a positive drug test could trigger an employer’s obligations to engage in the interactive process, according to a recent decision by the…
Management Memo
First Circuit Reiterates Importance of Good Faith in ADA Interactive Process
By Frank C. Morris Jr., Nathaniel M. Glasser
In a case emphasizing the importance of acting in good faith in the interactive process and how an employer can do it right, on February 13, 2015, the First Circuit…
Workforce Bulletin
First Circuit Reiterates Importance of Good Faith in ADA Interactive Process
By Frank C. Morris Jr., Nathaniel M. Glasser
In a case emphasizing the importance of acting in good faith in the interactive process and how an employer can do it right, on February 13, 2015, the First Circuit…
Labor & Employment Report
The EEOC’s (Informal?) Thoughts on Workers’ Comp and the ADA
By Fiona W. Ong
In perusing the EEOC's tweets (yes, I do that for all of you), I came across a shout-out for a memo on workers' compensation and the ADA that was co-written by…
Employment Discrimination Report
“How Can We Accommodate You?”
A recent post of ours dealt with a new decision from an Illinois federal court which held that the employer had enough facts about an employee and her condition to infer an…
Employment Discrimination Report
“Don’t Ask, Don’t Get?” Readers Comment
On October 7th we asked the questions: Must an employee who needs an accommodation (disability-related) actually request it? Or must the employer be “clairvoyant” and infer such a request from…
Disability, Leave & Health Management Blog
ADA Accommodation Process “Not a Verbal Game of Tag”
“The accommodation process is not a verbal game of tag in which the last person to say something wins,” according to the dissenting judge in a case that focused on…
FMLA Insights
EEOC Commissioner Gives Insight into Handling Employee Leaves of Absence After FMLA is Exhausted
By Jeff Nowak
Last week, I had the pleasure of co-presenting with EEOC Commissioner Chai Feldblum on the topic of "leave" as a reasonable accommodation under the ADA. Our presentation was part of…
Employment Law Matters
Interactive process is crucial element of analysis in disability discrimination cases.
Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws - which often are more expansive - must be taken into account when making…
Law and the Workplace
NY Court of Appeals Ruling Stresses the Need for Employers to Engage In and Document the Interactive Process
By Allan Weitzman, Joshua Stein
The New York Court of Appeals’ recent decision in Jacobsen v. N.Y.C. Health & Hosps. Corp., No. 34, 2014 N.Y. LEXIS 570 (Mar. 27, 2014), stresses the need for employers…