Topic
Reasonable Accommodation
1,017 published works
Hunton Retail Law Resource
Second Circuit Says Firing Disabled Worker Was Lawful
By Roland M. Juarez, Robert T. Quackenboss
The Second Circuit recently held that Rite-Aid lawfully fired a long-tenured pharmacist after he refused to comply with the company’s new mandate that pharmacists must administer immunizations. The court’s decision…
Health Law Diagnosis
Appeals Court Reverses ADA Jury Verdict for Pharmacist with Fear of Needles
By Stephen Aronson, Guest Contributor
In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million that had…
Labor & Employment Insights
Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim
Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court…
Employment & Labor
Texas District Court Upholds Hospital’s Policy That Disabled Employees Compete for Vacant Positions
By Nathaniel M. Glasser, Maxine Adams
In a decision impacting the interactive process, the Northern District of Texas held in EEOC v. Methodist Hospitals of Dallas, No. 3:2015-cv-03104 (N.D. Tex. Mar. 9, 2017), that employers do…
California Employment Law Update
LAPD Failed To Reasonably Accommodate Recruits Who Were Injured While Training
By Tony Oncidi
Atkins v. City of Los Angeles, 2017 WL 588127 (Cal. Ct. App. 2017) A jury found that the City of Los Angeles violated the rights of five recruit officers of…
California Peculiarities Employment Law Blog
Something We Said? Court Backs Off Accommodation Duty For Associational Disability
Seyfarth Synopsis: The Court of Appeal, on rehearing, has superseded a 2016 decision that employers must reasonably accommodate work restrictions because of the disabilities of the employee’s associates. The superseding…
Disability, Leave & Health Management Blog
Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds
Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such as Williams v. AT&T…
Disability, Leave & Health Management Blog
Employer Comes Up Smelling Like Roses in Reasonable Accommodation Case: Court Reminds Employee That She Can’t Always Get What She Wants
An employer's failure to provide a fragrance-free work environment does not equate to a failure to provide a reasonable accommodation or an adverse action against an employee, according to the…
The EPL Advisor
Employer Failure to Provide Reasonable Accommodations for Migraines Results in Legal Headaches
In Bethscheider v. Westar Energy, the United States District Court for the District of Kansas denied Defendant’s motion to dismiss claims under the Americans with Disabilities Act (“ADA”). Alleged by…
Disability, Leave & Health Management Blog
Supreme Court Nominee Has Put “Reasonable” into Reasonable Accommodation Obligations
In case your news and twitter accounts are down, and you otherwise have not heard the news... President Trump has nominated Judge Gorsuch from the U.S. Court of Appeals for…