Articles Posted in Disability

A little over five years ago, the U.S. Equal Employment Opportunity Commission sued an employer for disability discrimination. It claimed that the company, which temporarily granted a request to allow an employee with night blindness to work an earlier shift to avoid an evening commute, should have agreed to extend the accommodation. Its failure to do so violated the Americans with Disabilities Act, the EEOC alleged. Continue reading

Of all the hills on which an employer should plant its flag to defend, this is not the one. Continue reading

In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! Continue reading

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 stick around because the Seventh Circuit’s thoughtful analysis may help you decide whether regular work attendance is essential for the job. Continue reading

TL;DR: Yes.

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Yes, alcoholism can be a disability under the Americans with Disabilities Act. Continue reading

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. Continue reading

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 schedules to allow for dialysis appointments.

But, an accommodation request to perform dialysis at work? That’s a new one.

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