Tag Archives: reasonable accommodation

New Guidance for Employers on When Leave is an ADA Accommodation

In non-North Carolina bathroom news, the Equal Employment Opportunity Commission (EEOC) issued this past week a resource document concerning the Americans with Disabilities Act (ADA). More specifically, this document addresses the use of employer-provided leave as an accommodation under the ADA. The intent of the EEOC’s resource document is to provide general information to employers and employees … Continue Reading

“Reasonable Accommodations” and “Undue Hardship” Defenses – It Comes Down to Money

A recent case involving the Americans with Disabilities Act offers employers an opportunity to consider two frequent issues under this statute: What is a reasonable accommodation and what must an employer show to establish an “undue hardship” defense to providing such an accommodation. The case, Searls v. Johns Hopkins Hosp. (1-21-16), resulted in the U.S. … Continue Reading

Key to Successfully Assessing ADA Accommodations Starts with Individualized Inquiry

An area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen v Worthington … Continue Reading

Michigan Employers Must Consider Telecommuting as a Reasonable Accommodation

Under a recent federal court ruling, Michigan employers must be prepared to consider telecommuting as a reasonable accommodation under the Americans with Disabilities Act (ADA) for an employee under a 4/22/2014 court ruling.   Specifically, Jane Harris was terminated from her position as a resale steel buyer at Ford Motor Co. This termination occurred shortly after she asked to telecommute … Continue Reading

Changing the Classification of Medical Marijuana: What it Could Mean for Employers and Employees.

The issue of how marijuana should be classified is set to be heard by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit next week. This issue is important for employers and employees because of the downstream impact it could have in relation to the use of medical marijuana … Continue Reading

Employers May Find it Harder to Defend Against ADA Claims … Or Maybe Not.

It finally happened; This blog noted back in August 2011 that the Sixth Circuit would likely make significant changes in favor of employees bringing claims under the Americans with Disabilities Act (ADA).  On May 25, 2012, the Sixth Circuit Court of Appeals made it official in holding that plaintiff employees bringing claims under the ADA … Continue Reading

Michigan Lawmakers Continue to Address Medical Marijuana Law Questions

The Detroit Free Press (by Dawson Bell) reported that Michigan’s Attorney General, Bill Schuette, and a coalition of lawmakers and prosecutors are calling Michigan’s medical marijuana law so poorly drafted as to be unworkable. The focus of this criticism in large part is on the legality of medical marijuana dispensaries, the definition of a “locked facility,” … Continue Reading

A Road Map for Responding to Requests for Accommodations under the Americans with Disability Act

A common issue under the Americans with Disabilities Act concerns asking for and responding to a request for a reasonable accommodation. It is important for employers to understand their obligations in responding to such a request because under the ADA unlawful discrimination specifically includes “not making reasonable accommodations [for a] qualified individual with a disability…” … Continue Reading
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