By Bridget M. Maricich

Seyfarth Synopsis: Though only an informal guidance, this resource document reminds employers of the EEOC’s expansive interpretation of what constitutes a reasonable workplace accommodation. Employers should continue to meaningfully engage in the interactive process with any employees seeking workplace accommodations for a physical or mental disability and assiduously document those efforts.

Citing an increase in
Continue Reading EEOC Issues Informal Guidance on Reasonable Accommodations for Mental Health Conditions

By David J. Rowland

Seyfarth Synopsis: A divided panel of the Eighth Circuit recently decided that an employer may be required to assume or infer from the circumstances that an employee is seeking a reasonable accommodation – even when no affirmative request is made.

The courts and the Equal Employment Opportunity Commission (EEOC) have made clear for decades that
Continue Reading What’s an “Implied” Request for an ADA Reasonable Accommodation?

By Megan P. Toth

Seyfarth Synopsis: Illinois enacts child bereavement leave, requiring employers provide paid leave should an employee experience the loss of a child.

On July 29, 2016, Illinois became one of only two states (the other being Oregon) to require certain employers provide unpaid leave to employees who suffer the loss of a child. Under the Illinois
Continue Reading New Illinois Law Requires Unpaid Child Bereavement Leave

By Tracy M. Billows and Sara Eber Fowler

Seyfarth Synopsis: The EEOC recently issued “new” guidance for addressing leave as a reasonable accommodation. Employers must remember to consider unpaid leave as an accommodation, when appropriate, even if an employee would not otherwise be entitled to a leave of absence. 

Recently, the EEOC published “new” guidelines about the rights of employees
Continue Reading Be-Leave It — New EEOC Guidance Emphasizes Leaves of Absence as Reasonable Accommodations