Denying a reasonable accommodation request can be risky—particularly if the employer provides little explanation or fails to meaningfully engage in the interactive process. But what’s even riskier? Terminating the employee just a few weeks later. Cue the lawsuit. TL;DR: An associate general counsel at a public university alleged she was fired…
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis…
A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. The case involved a teacher with PTSD who sued…
A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. What the Law Says Under…
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. In this case, an employee with a serious knee injury repeatedly asked for a reduced schedule, supported by a doctor’s note recommending shorter workdays, to manage pain and swelling. Even with…
In a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees over questioning whether they qualify as disabled under the Americans with Disabilities Act (ADA). This case involved a physical therapist who experienced a miscarriage, which exacerbated her pre-existing PTSD, anxiety, and depression.…
The complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR professionals, especially because no two situations are alike. However, there is an immutable rule: an employee’s voluntary withdrawal from the interactive process and failure to provide the requested medical documentation show a…
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule? I’ve got some tips from a recent appellate court decision involving a Transportation Security Officer (TSO) with fibromyalgia. Initially, her supervisor allowed her to work a modified…
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially…