Topic
Reasonable Accommodation
1,017 published works
The Blunt Truth®
Is Medical Marijuana A Reasonable Accommodation? Mass. Court Says … Possibly
By Samuel Sverdlov, Anthony Califano
On July 17, 2017, the Massachusetts Supreme Judicial Court (“SJC”), the highest state court in Massachusetts, held that an employer could be liable for disability discrimination by declining employment based…
San Antonio Employment Law Blog
General Accommodation Requests Do not Work Well
When a person asks for an accommodation, s/he must be specific. A general request to "reduce stress" at the work place will not suffice. In Murray v. Warren Pumps, 821…
Understanding the ADA
Failure to Accommodate Employee Nuggets
Obviously, I missed a blog entry last week. I have a good excuse. My daughter’s bat mitzvah was July 8. While the bat mitzvah and the reception and everything else…
Disability, Leave & Health Management Blog
That Stinks! EEOC Sues on Behalf of Employee Denied Relief from Workplace Smells
On July 12, 2017, the EEOC filed suit in the Middle District of North Carolina alleging that an employer violated the Americans with Disabilities Act (ADA) by refusing a request…
The EPL Advisor
Telecommuting May Not Be A Reasonable Accommodation
The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an…
San Antonio Employment Law Blog
Interactive Process Requires Good Faith
When you ask for an accommodation, you need to be careful what you ask for. Because, you just might get it. That is an old saying and it applies to…
Disability, Leave & Health Management Blog
San Francisco Passes “Lactation in the Workplace Ordinance”
By Susan E. Groff, Benjamin A. Tulis
On June 30, 2017, San Francisco Mayor Ed Lee signed the “Lactation in the Workplace Ordinance” (“Ordinance”), increasing protections for nursing mothers working in San Francisco. The Ordinance becomes effective…
Labor & Employment Insights
EEOC To Employers: Requiring Employees to Return to Work with “No Restrictions” Could Get You Sued
Before the Americans with Disabilities Act (and there was a time before the ADA), it was not uncommon to require employees to have a doctor’s note returning them to work…
Disability, Leave & Health Management Blog
When Is Reassignment to an Intermittent Position Required as an ADA Accommodation?
The Americans with Disabilities Act (“ADA”) generally requires employers to provide reasonable accommodation to disabled employees so that they can perform the essential duties of their jobs. This is not…
Disability, Leave & Health Management Blog
Restraining Unruly Children as an Essential Job Element: Expected in Secondary Schools but Not at a Youth Detention Center? A Cautionary Tale in the ADA Reasonable Accommodation Arena
In a recent blog post, I discussed the fact that under the reasonable accommodation provisions of the ADA, employers generally are not required to provide their employees with a stress-free…