One of the many difficult issues employers face under the ADA is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v. Georgia.
Intermittent Leave Limits in FMLA Medical Certification Trumps the ADA Duty to Accommodate
A Minnesota federal court decision upheld an employer’s termination for excessive absenteeism of an employee with an intermittent leave certification.
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
Disability in the Workplace: Technology’s Impact
Technology Is Changing Leave Management and ADA Accommodations By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial The rapid evolution … Read More
Tenth Circuit Rules No Adverse Employment Action and No Failure-to-Accommodate Claim
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
The Disabled Workforce: Fitness-for-Duty Examinations
Fitness-for-Duty Examinations and the Interactive Process By Rachel Shaw, JD CEO and Principal Shaw HR Consulting Simply put, a fitness-for-duty (FFD) examination is a tool to use when you are … Read More
Accommodations Best Practice Guide: Resources for an Easier Process
Resources for an Easier, More Effective Accommodation Process By Roberta Etcheverry, CPDM CEO Diversified Management Group For a new absence management professional, the first encounter with an accommodation request might … Read More
Compliance Makeover: Securing ADA Medical Data
ADA Interactive Process: How to Get Clear Medical Information By Rachel Shaw, MBA Principal Shaw HR Consulting, Inc Managing reasonable accommodation requests is complex. Every employee is different, work environments … Read More
Wrestling with ADA, FMLA, and Overtime: No Overtime as an ADA Accommodation
Addressing the Request for No Overtime as an ADA Accommodation By Marti Cardi, JD VP Product Compliance Matrix Absence Management How do employers assess an employee’s request for no overtime … Read More
Ask the Accommodation Experts: Work-at-Home Requests
Assessing Work-at-Home Requests and Potential “Undue Hardship” on the Employer By Jenny Haykin, MA Integrated Leaves & Accommodations Puget Sound Energy By Tom Sproger, MS Ergonomics Consultant Solutions Northwest Inc. … Read More