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). Continue reading
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 lack of good faith. And lack of good faith spells doom for a failure-to-accommodate claim under the Americans with Disabilities Act. Continue reading
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule?
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 rendering her bedridden for one to two days during her menstrual periods. The EEOC claims that the employer failed to hire her due to her disability and did not provide reasonable accommodation, violating the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. Continue reading
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in compliance with federal employment discrimination laws. Here, I’ll summarize the key points of the fact sheet and offer some essential takeaways for HR professionals.
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely from another state does not necessarily entitle employees to the protections of that state’s laws. This case serves as a critical reminder of the complexities surrounding jurisdiction in employment law. Continue reading
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act.
I’ll give you an example. Continue reading
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others.
On paper, it didn’t sound good for the defendants. Continue reading
A federal appellate court recently ruled that a university did not have to accommodate the disability of a professor seeking tenure by relaxing the tenure requirements or giving her a second chance to satisfy them.
It’s a reminder that employers can require individuals to perform the essential functions of the job and can refuse to promote (or hire) individuals who cannot meet the position’s requirements.
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