Of all the hills on which an employer should plant its flag to defend, this is not the one. The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities, except when such accommodation would cause an undue hardship. The undue hardship burden is…
In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! What inspired this selfless act from the publisher of a free employment law blog? I read this recent federal court decision about an employee who alleged that his employer discriminated against him…
A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person. Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act. But…
TL;DR: Yes. But, working overtime must be an essential function of the job. Here’s an example from a recent Fifth Circuit decision. The plaintiff worked as a detention officer. One of the requirements for the job of detention officer was to “work overtime as required,” including “up to sixteen (16)…
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both. To the same individual. Here’s more from the EEOC press release:…
Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the job’s essential functions with or without accommodation. An employer can…
Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence. But sometimes, there’s only one option. Consider this recent Fourth Circuit decision. The plaintiff drove a big…
I’ve practiced law for over twenty years, mainly as an employment lawyer. In that time, I’ve lost track of the number of times that I’ve counseled employers on their obligations under the Americans with Disabilities Act. Some of those have involved accommodating employees with end-stage renal disease and adjusting work…
Yesterday, the U.S. Equal Employment Opportunity Commission released a new technical assistance document called “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” Sure, you could read all 59 pages of it. Or I can digest it here for you in a few hundred words—your choice. (Thanks…