Wait — why is my favorite employment law blog detouring into the world of website accessibility? If your business has a website, keep reading.

If you read our blog regularly, you probably recall a few posts about website accessibility lawsuits and where the courts stand on whether a website is a “place of public accommodation.”…

In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind.

The Lawsuits

As you likely know, a current or former employee bringing certain claims against…

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also make modifications to the work environment so that a disabled individual can perform the essential functions of the position. In some cases…

Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults between the ages of 35 and 44, mental illness diagnoses have increased from 48% in 2019 to…

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.

ADA Primer

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…

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…