accommodation

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There has been much talk in law review articles and some seminars about the disappearing jury trial in federal courts.  The courts are granting dismissals and summary judgments more and more.  So, these days, the true battle is often over the employer’s motion for summary judgment.  Mike Maslanka recognizes that new dymanic when he pens…

When a person with a disability requests an accommodation, the employer must engage in an "interactive process" to arrive at a workable accommodation.  The Americans with Disabilities Act requires the employer and employee to discuss possible alternatives.  Every disability and every person is different.  So, the possible alternatives will vary greatly.  One thing the employer…

Most jobs require daily attendance, but is daily attendance always required?  Don’t most jobs allow time off for workers with good reasons?  Under the Americans with Disabilities Act, workers are entitled to time off as part of treatment for a disability.  Yet, there are cases that state otherwise.  See, e.g., Rogers v. Marine Terminals, Inc.…

My colleague and friend, Chris McKinney has mentioned a settlement by The Scooter Store.  The Scooter Store, based in New Bruanfels, Texas, settled a case filed by the EEOC for $99,000.  The EEOC represented James Sherman, a manager who sought accommodation for his disability.  Mr. Sherman suffers from psoriatic arthritis and needed a temporary leave…

Jon Hyman, a defense lawyer, posts a nice piece about accommodating employees’ religious requirements.  He discusses how not to provide religious accommodations: Disneyland refusing to allow a Muslim worker to wear a hijab, Burger King denying a Pentocostal employee’s request to wear a skirt instead of pants, and a New York University firing a worker…

The Americans with Disabilities Amendment Act was passed during the Bush administration.  It became effective in September, 2009.  We are just now seeing cases that fall under the ADAAA.  One of the bigger changes wrought under the ADAAA concerns "regarded as" disabled claims.  Under the old ADA, in some appellate courts a claimant had to…

The U.S. Seventh Circuit Court of Appeals has reversed its own precedent.  It has held that the Americans with Disabilities Act may require reassignment accommodation involving transfer into a position, rather than just allowing the employee with a disability to apply for the position.  It is a rare case where reassignment would be the appropriate…

Many employers have implemented so-called no-fault attendance policies in which employees are charged with a day of leave regardless of the reason for the leave.  Once, the employee accumulates enough absent days, s/he will be fired.  Such leave policies, however, conflict, with the Americans with Disabilities Act.  Under the ADA, when an employee requests an…

Job Accommodation Network, a government (DOL) sponsored website, is an excellent place to start assessing what accommodations an employee may need to perform his/her job.  The website breaks down the possible accommodations by each particular diagnosis.  It provides a separate web page for employers to review what their requirements may be regarding certain diagnoses.

I love the lawsuit business.  Other than my other career, the Army Reserve, this is one area where you see people acting gracefully under pressure – or not.  Charlie Sheen has been imploding for the past few weeks.  He apparently has been diagnosed with bipolar disorder.  He very publicly disprespected his boss, his executive producer.