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. In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and
Is A Dog In A Vest Really A Service Dog?
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 disabled or what the disability could be. Questions that frequently arise concern whether an
Is Working From Home Really a Reasonable Accommodation?
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 accommodation for an employee suffering from a debilitating disability. In a 2-1 split opinion, the
Three Common Pitfalls in the Reasonable Accommodation Process
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. Over-reliance on the written job description
Job descriptions are critical in the disability interactive process
Will the Supreme Court Follow California’s Lead Regarding Reasonable Accommodations For Pregnant Employees?
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 to pregnant employees. If the Supreme Court decides to take this case, it might possibly
New Fair Employment and Housing Commission Regulations Impact Pregnant Employees
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 conditions as disabilities.
The new regulations expand the scope of pregnancy related conditions that can
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
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 case, the Court considered the plight of Anna Sanchez. After becoming pregnant, she was diagnosed
Is Attendance An Essential Job Function? Not Always!
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 necessarily an essential function for all jobs. In a recent case, an employee with a
Recent EEOC Disability Discrimination Lawsuits Are A Reminder To Employers To Comply With The ADA
Since 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 facets of disability discrimination.
One of the cases was filed against Walgreens drug store