Tag: Reasonable Accommodation

Case Study: 5th Circuit Says Remote Work Can Be Reasonable ADA Accommodation

The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas, Louisiana, and Mississippi) shocked employers out of the summer doldrums with a new opinion issued on June 28, 2023. In a 2-1 vote, it declared that remote work or commuter assistance for an employee in the Houston area can be a reasonable accommodation under […]

Here’s Why Coming to the Office May No Longer Be Deemed an ‘Essential Job Function’

Before March 2020, courts frequently rejected claims by workers who said they should be allowed to work from home as an accommodation for a disability. Judges routinely concluded that on-site attendance—coming into the physical workplace—was an “essential job function” and that working from home wasn’t a “reasonable accommodation” that employers had a duty to offer […]

Special Delivery: Considerations for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]

Reasonable Accommodations in Job Interviews

Question Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in […]

Interactive Process Not Triggered Until Employee Brings Up Need for Accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]

Reasonable Accommodation Not Always Employee’s Preferred Choice

A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]

maternity

Is Telecommuting a Reasonable Accommodation?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from an in-house lawyer who sued her employer for refusing to provide the accommodation she requested as a result of pregnancy-related complications.

Nevada domestic violence leave law takes effect January 1

by Deanna L. Forbush Nevada’s law requiring employers to provide victims of domestic violence time off, reasonable accommodations, and protection against discrimination and retaliation takes effect January 1. Requirements, definitions The state’s Domestic Violence Leave Act covers all employers. The law states that employees who have worked for an employer for at least 90 days […]