Topic
Reasonable Accommodation
1,014 published works
Employment Discrimination Report
The Importance Of Accurate Job Descriptions
Our recent blog post about what is a reasonable accommodation for ADA purposes focussed on a case where a hospital contended that an employee's request to be transferred to another job was not…
San Antonio Employment Law Blog
Second Circuit Finds That Arriving On Time Is Not Always An Essential Function
There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts. The courts are granting dismissals and summary judgments more and…
Disability, Leave & Health Management Blog
Working Full Time is Sometimes Necessary to Get the Job Done
By Patricia Anderson Pryor, Jackson Lewis P.C.
An essential function of full time work is that an employee actually work full time! The U.S. Court of Appeals for the Sixth Circuit recently concluded that an individual who…
Employment Discrimination Report
Two More Health Care Providers Sued For Disability Discrimination
We have written repeatedly that the EEOC has its sights set on health care providers which allegedly violate the Americans With Disabilities Act (“ADA”). We said on December 1, 2012…
Employment Law Matters
Reasonable accommodation sought by disabled employee must enable employee to perform ‘essential functions’ of original job.
In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could…
HR Law Talk
EEOC Continues Attack on Employer Practices that “Automatically” Disqualify
A trucking company has a practice of not returning any trucker to a driver position if that trucker has admitted to being an alcoholic, even if the trucker completes a…
Employment Law Matters
Written job description did not sufficiently indicate the essential nature of night shift in emergency dispatcher position.
One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed…
Disability, Leave & Health Management Blog
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
An amputee's request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire…
HR Defense
Supreme Court’s Refusal to Hear Appeal Suggests Companies Must Transfer Newly Disabled Employees to Open Positions as a Reasonable Accommodation, Regardless of Whether There Are More Qualified Candidates
This week, the U.S. Supreme Court refused to review EEOC v. United Airlines, Inc., a Seventh Circuit decision (which overruled its prior precedent) holding that the Americans with Disabilities Act…
Understanding the ADA
Recent EEOC guidances and a recent fact sheet
It has been a little while since we talked about employment law here. Now, it is time to get back to it. Recently the EEOC issued four guidances on four…