Archives: Accommodation

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Seventh Circuit Explains: The ADA Is Not A “Medical Leave” Statute

On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (“ADA”).  As we all know, the ADA prohibits employers from discriminating against “qualified individuals” with disabilities, defining such individuals as applicants or employees who, with … Continue Reading

Federal Court Holds a Full Trial on Issue of Website Accessibility to Visually Impaired Users

A U.S. District Court for the Southern District of Florida has held that Title III of the ADA, applicable to “Public Accommodations” applies to the Winn-Dixie Companies’ website, finding that the company has an obligation to make their website accessible by individuals with disabilities who use computers, laptops, tablets and smart phones. The policy must … Continue Reading

EEOC Issues New Guidance on the Rights of Applicants and Employees with Mental Health Conditions

On December 12, 2016, the Equal Employment Opportunity Commission published a resource document explaining the legal rights of workers with mental health conditions under the Americans with Disabilities Act. Each year, approximately 5% of charges filed with the EEOC allege discrimination or harassment based on mental health conditions. While not announcing new law, the guidance … Continue Reading

Arizona Attorney General Intervenes in Serial Arizonans with Disabilities Act Cases

Arizona is just one of many states in which business owners – many of them, small business owners – are being inundated with lawsuits filed by disabled individuals or disability advocacy organizations alleging inaccessible public accommodations.  These serial litigants allege that the defendants have failed to comply with the Americans with Disabilities Act (“ADA”) or … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

UK industry’s response to Government proposals to limit skilled immigration

The Government has commissioned the Migration Advisory Committee to review Tier 2 of the UK’s immigration system “with a view to significantly reducing net migration to the UK”.   On 25 September we submitted our response to the MAC’s call for evidence.  It took into account opinions canvassed from a number of international clients and contacts … Continue Reading

Federal Appeals Court says No ADA Violation In Denying Worker’s Request to Telecommute

From Lauren Kuley via Squire Patton Boggs’ Sixth Circuit Appellate Blog: On April 10, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees.  In EEOC v. Ford Motor Co., a divided en banc Sixth Circuit affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity … Continue Reading

California court says Sun Worshipping Atheist can be required to work overtime, even if it means getting less than 8 hours of sleep

Marshel Copple is a “Sun Worshipping Atheist” – a religion he created and of which he is the sole member.  The core principles of Sun Worshipping Atheism, according to Mr. Copple, include: praying in the sun; taking natural fresh air daily; sleeping eight hours or more; eating and drinking when needed; frequent exercise; daily rest; … Continue Reading

U.S. Supreme Court Revises Test For Pregnancy-Based Discrimination

Court Revives 2008 Pregnancy Bias Suit by Former UPS Employee Who Was Denied Light Duty Work Accommodation On March 25th, the United States Supreme Court vacated a lower court’s ruling in favor of United Parcel Service, Inc. (UPS) against a former delivery truck driver, Peggy Young, who claimed, among other things, that she was discriminated … Continue Reading

10th Circuit Reverses EEOC Win After Lower Court Applied Wrong ADA Direct-Threat Standard

On March 16, the Tenth Circuit Court of Appeals – which has jurisdiction over appeals from Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming – drove home that when it comes to jury instructions, the devil is in the details.  Reasoning that a lower court jury “might have relied on the erroneous direct-threat standard,” the … Continue Reading

Federally-Required Paid Sick Leave – President Obama Pushes Passage of Healthy Families Act

Although a few states – most notably California – as well as a handful of cities have passed legislation requiring that employers provide paid sick leave benefits to employees, federal law presently does not mandate that employers offer this benefit.  (The federal Family and Medical Leave Act (FMLA) requires that certain employers provide time off … Continue Reading

Give Me Sunshine Or Give Me Death!

We are in the midst of below-freezing temperatures here in Cleveland, Ohio.  Other parts of the world have been experiencing a blanket of snow for weeks already.  It’s beautiful actually to see the snow sprinkle down and gather on tree limbs…beautiful for about two days, if you don’t have to leave the house and can … Continue Reading

Changes to UK disability law in train?

I am writing this in Cricklewood.  At Cricklewood Station, actually.  I have been here some time. There is no telling when I might be able to leave.  I am sitting on a narrow seat next to a very large but insufficiently-showered gentleman with a moron’s taste in music and ill-fitting headphones.  I am having another … Continue Reading
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