This post was authored by Sarah R. Lustig.
A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) …
Tag Archives: “Reasonable Accommodation”
Discontinuation of a Long-Standing Practice of Accommodating Disabled Employees through Light-Duty May Be a Violation of FEHA
Posted in Public Safety Issues, Retirement
This post was authored by Jennifer Rosner
In a recent decision by a California Court of Appeal, a Court held that it was not unreasonable for the City of Los Angeles to assign temporarily injured recruit officers to light-duty administrative …
Third Annual Review of Unbelievable Employment Cases
Posted in Employment
Yes, these are real cases involving real people.
Everyone in Southern California Would Need to be Accommodated If This Were a Disability
A former employee in New Jersey sued her employer for wrongful termination after she requested an accommodation for …
Three Common Pitfalls in the Reasonable Accommodation Process
Posted in Employment
The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential …
It’s Summertime! Have You Reviewed Your Dress Code Lately?
Posted in Discrimination, Employment, Workplace Policies
The sun is shining and the weather is hot. This is the time of year when dress code violations creep up as employees dress for the warmer weather and tend to wear clothing that displays more skin and may be …
Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters
Posted in Disability, Workplace Policies
The EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees. Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations. …
Is A Dog In A Vest Really A Service Dog?
Posted in Disability, Employment
Employers navigate a morass of federal and state employment laws on a daily basis. Some of the more vexing and confusing laws are those related to employees with disabilities. Often it is difficult for employers to know whether an employee …
Is Working From Home Really a Reasonable Accommodation?
Posted in Disability
This was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company. The issue in this case is whether a telecommuting arrangement could be a reasonable …
Three Common Pitfalls in the Reasonable Accommodation Process
Posted in Disability, Employment
Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are:
1. …
Will the Supreme Court Follow California’s Lead Regarding Reasonable Accommodations For Pregnant Employees?
Posted in Disability, Workplace Policies
The U.S. Supreme Court is considering whether to hear the appeal of Peggy Young. She wants the Court to decide whether, and in what circumstances, the federal Pregnancy Discrimination Act of 1978 (“PDA”) requires an employer to provide work accommodations …
New Fair Employment and Housing Commission Regulations Impact Pregnant Employees
Posted in Disability, Discrimination
New Fair Employment and Housing Commission regulations took effect December 30, 2012 and deal with disability discrimination. This blog post will focus on the impact of the new regulations on issues related to pregnancy and the treatment of pregnancy related …
Court of Appeal Rules: Absent Undue Hardship, Employers Must Accommodate Pregnancy Disabled Employees By Providing Additional Leave beyond the Four Months of Pregnancy Disability Leave
Posted in Discrimination, Employment
This guest post was authored by Judith S. Islas
The Court of Appeal’s decision in Sanchez v. Swissport, Inc., is a case of widespread importance, impacting the rights of employees disabled by pregnancy and pregnancy related-conditions. In this …
Is Attendance An Essential Job Function? Not Always!
Posted in Disability
Most of us assume that showing up for work is an essential part of our job. Most employers have attendance policies in place that require employees attendance at the work location. However, courts have found that regular attendance is not …
Recent EEOC Disability Discrimination Lawsuits Are A Reminder To Employers To Comply With The ADA
Posted in Disability, DiscriminationSince the beginning of month, the U.S. Equal Employment Opportunity Commission (“EEOC”) has filed a dozen lawsuits against employers for disability discrimination. Four lawsuits, which were filed in the Northern and Eastern Districts of the U.S. District Court, address various …