Seyfarth Synopsis: Employee committed to taking opioids loses his job and his disability discrimination lawsuit because he refused to consider alternative pain management.
The “interactive process” required by the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act, is a two-way street between an employee and his or her employer. Consistent with
Continue Reading Employees are ALSO Required to Engage in the Interactive Process Under the ADA
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and the request is for a finite period. Mosby-Meachem v. Memphis Light, Gas & Water Division, No 17-5483 (6th Cir.
Continue Reading “A Telecommute Dispute” – What is a Reasonable Accommodation Under the ADA?
Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for employers struggling to accommodate employees with mental health issues while at the same time maintaining safe and productive workplaces. The decision makes clear that in
Continue Reading Rock and a [Softer] Hard Place: Seventh Circuit Eases the Burden for Accommodating Employees with Mental Health Disabilities
By Erin Dougherty Foley, Ashley K. Laken, and Craig B. Simonsen
Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma and COPD “made her sensitive to workplace smells.”
Earlier this month, the
Continue Reading Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit
By Anne S. Bider, Robert A. Fisher, and James M. Hlawek
Seyfarth Synopsis: On February 5, 2017, in M.C.A.D. v. Country Bank for Savings, the Massachusetts Commission Against Discrimination (“MCAD”) held that an employer engaged in unlawful disability discrimination when it terminated an employee whose medical leave had ended and who could not provide a definite return to
Continue Reading “I’ll Be Back To Work Soon”: Massachusetts Addresses An Employer’s Obligations When Employee On Leave Gives An Indefinite Return Date
By Annette Tyman and Michael L. Childers
Seyfarth Synopsis: Federal Contractors should immediately update the Disability Self-ID Form to include the new expiration date. The OFCCP is allowing a 10-day grace period, until February 10th to update the form.
Last week we updated contractors on OMB’s renewal of the disability self-identification form (see post here). Note that there were
Continue Reading Additional Information for Implementing the Renewed Disability Self-ID Form
By Johanna T. Wise and Ryan L. Behndleman
Seyfarth Synopsis: Do employers have to let employees sleep on the job as a reasonable accommodation for a disability? While far from being decided, a recent federal case in the Southern District of New York addresses the issue.
Let’s face it, we all get tired from time to time. While
Continue Reading Don’t Lose Sleep Over It…Yet
By Pamela Quigley Devata, Paul Kehoe, and Craig B. Simonsen
The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just announced two short guides on employment background checks: Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know. The documents were not subject to Commissioner review
Continue Reading FTC and EEOC Publish Guide for Employers on Background Checks in Hiring
Before Congress passed the 2008 Amendments to the Americans With Disabilities Act (“ADA”), courts generally held temporary disabilities were not covered by the ADA. Thus, if an employee had a temporary condition such as a broken leg or acute bronchitis, employers after the 12 weeks of Family Medical Leave Act (“FMLA”) leave ended, often required employees
Continue Reading Temporary Disabilities – No Need To Worry About The ADA, Right? Think Again
It may soon be easier for obese plaintiffs to claim disability discrimination. The American Medical Association (AMA) recently declared obesity as a “disease,” which may have supersized implications for employers as they deal with reasonable accommodation requests and disability discrimination claims from overweight employees. So is obesity a disability? Can employers defend these claims on the
Continue Reading Obesity is a Disability. Wait: Is Obesity a Disability?