As states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you quickly pivoted to remote work to comply with stay-at-home orders, you are now reverse-engineering solutions to a new problem:
Lingering Lateness Later Litigated: 11th Circuit Rules on ADA
What happens if you give an employee an accommodation that goes above and beyond what the ADA requires? Can you change your mind down the road and stop providing that accommodation? Or are you stuck providing that accommodation forever – even though it’s unreasonable or no longer feasible? In Hartwell v. Secretary of the Navy
Crosstown Traffic! Facts Surrounding Employee’s ADA/FMLA Request to Avoid Bad Traffic Not Enough
Not all requests for accommodation or FMLA leave will fit into neat boxes like “pregnancy” or “knee surgery.” Because the ADA definition of a disability includes any impairment that affects a major life function, employers are starting to see some more creative requests around the margins. In Trautman v. Time Warner Cable Texas, LLC,
I Need My Squirrel at My Desk: A Reminder about Service Animals vs. Emotional Support Animals
Many people chuckled when they read the news story about the woman who attempted to bring her “emotional support squirrel” on a Frontier Airlines Flight early in October. However, it is hard not to notice the proliferation of “emotional support animals” — usually dogs or cats, but sometimes turkeys or even spiders. As an employer,
3 Steps to Figuring Out ADA Reasonable Accommodations for Mental Illness
What do you do when an employee discloses that he or she is stressed out and needs a reasonable accommodation under the Americans with Disabilities Act, but the requested accommodation strikes you as unreasonable? If you are reading this and thinking “that won’t happen to me—all of my employees are well-adjusted,” think again. The experts
“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative
Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and more employers are allowing telecommuting, and most employees welcome the opportunity to telecommute.
If an otherwise qualified employee has a disability,
“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training
If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit ruled last month in Lewis v. Union City, Georgia when it reversed summary judgment in favor
Changing of the Leaves: EEOC Again Pushes for Additional Leave as ADA Accommodation
We have said it before — the EEOC believes that leave is a reasonable accommodation and automatic termination when FMLA leave runs out violates the Americans with Disabilities Act. Even though at least one federal court has made clear it disagrees, the EEOC continues to press the point and has recently filed a lawsuit
DOH! Nuclear Safety Regs Trump ADA Accommodation Request (Thankfully)
In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes.
Looking Out for an Erratic Employee
Mr. Daryle McNelis was an armed security guard at Pennsylvania Power and Light’s
You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist
If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal Employment Opportunity Commission v. Dependable Health Services, the EEOC alleged that Dependable Health Services (DHS) discriminated against Sheena Berry, who