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. Continue reading
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. Continue reading
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. Continue reading
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
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