Topic
Reasonable Accommodation
1,017 published works
Disability, Leave & Health Management Blog
Employers Should Engage In the Interactive Process Even If They Believe the Employee Is Not Qualified.
Diligent and well informed employers know that it is the best practice to engage in an individualized assessment of a requested accommodation. Sometimes an employer may be tempted to refuse…
California Employment Law Update
Disability Discrimination Lawsuit Was Properly Dismissed
By Tony Oncidi
Alamillo v. BNSF Ry. Co., 2017 WL 3648514 (9th Cir. 2017) Antonio Alamillo, who worked as a locomotive engineer for BNSF, missed several calls and was suspended on at least…
Disability, Leave & Health Management Blog
ADA Compliance Challenges: Navigating the Over-accommodation Conundrum
Make no mistake about it: ADA compliance can be challenging. This is especially true when it comes to providing reasonable accommodation. Not uncommonly, managers wanting to do the right thing…
Connecticut Employment Law Blog
“Hold My Position Open Indefinitely” Is Not a Reasonable Accommodation, Court Rules
The Connecticut Appellate Court today released an important disability discrimination decision that gives employers some support for employees who struggle with employees who ask for "accommodations" for an indefinite leave…
Labor & Employment Insights
DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)
In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes----which wins out? The Third Circuit Court of Appeals ended…
Fair Housing Defense
Issues With Online Emotional Support Animals Medical Verifications
The issue of online medical verifications for emotional support animals (ESA’s) is an ongoing problem for professional apartment management. As written in this space before, we want to approve…
Labor & Employment Insights
You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist
If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to…
Law and the Workplace
Massachusetts Pregnant Workers Fairness Act Becomes Law
By Mark W. Batten, Samantha Regenbogen Manelin
On July 27, 2017 Massachusetts Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (“MPWFA”), a bill which had unanimously passed in both the House and Senate.…
Understanding the ADA
Medical Marijuana and the ADA: Interactive Process is Everything
Last week the legal blog world lit up with the case of Barbuto v. Advantage Sales and Marketing, LLC, a decision of the Massachusetts Supreme Court on July 17, 2017.…
Disability, Leave & Health Management Blog
Will Employers Be Forced to Accommodate Employees Who Test Positive for Marijuana?
On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user…