The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive process,” which simply means that employers and employees with disabilities who request accommodations work together to brainstorm accommodations. While it’s not a per se requirement, the law favors
Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC suggests we were right. Last week the EEOC issued two press releases about its lawsuits involving pregnancy
If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry.
The ADA protects a qualified individual with a disability who can perform the essential functions of his or her
Nearly a year ago, we reported that the United States Supreme Court was planning to hear a case—Acheson Hotels v. Laufer—on whether “tester” plaintiffs in ADA accessibility cases have standing to sue, including in the increasingly popular website accessibility cases. Last month, the Supreme Court issued its opinion. While the opinion does
2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top five blog posts from the year and the key takeaways from each.
When is driving an essential function of a job? What if the employee drives herself to customers’ homes to provide services and now wants to use alternative modes of transportation? What if the employee’s request is because of a disability? A recently filed case, EEOC v. Alternate Solutions Health Network, et al., tees up
Does the fact that an individual is disabled automatically make him a “qualified individual with a disability” under Title I of the ADA? In Stanley v. City of Sanford, Florida, the Eleventh Circuit said no.
Karyn Stanley started as a firefighter with the City of Sanford, Florida in 1999. In 2016
Last week, on the 50th anniversary of the Rehabilitation Act — which prohibits disability discrimination by federal contractors and other programs receiving federal funds — the EEOC and Department of Labor issued a resource guide for recruiting, hiring, and employing individuals with disabilities. The resource guide provides a helpful synopsis of the Rehabilitation Act’s
Jordan Dyer is a co-author of this post and is a Summer Associate at Bradley.
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the accommodation? In Beasley v.
Meaghan Pickles is a co-author of this post and is a Summer Associate at Bradley.
Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many