From the blog that brought you “Can a bridge worker with a fear of heights have a viable ADA claim?,” comes news of a recent federal-court decision which — well — you read the title to this blog post. In RRRRRRRRRRRRRRico v. Xcel Energy, Inc. [cue music] the plaintiff,…
Articles Posted in Disability
Telecommuting as an ADA accommodation: Maybe; maybe not
Much has been written lately in the blawgosphere about telecommuting as a reasonable accommodation under the Americans with Disabilities Act for qualifying disabled employees. Last month, Jon Hyman posted (here) about this case, in which a federal court in Ohio held that telecommuting may be a reasonable accommodation based on…
ADA does not require indefinite break from essential job functions
Readers of this blog know (here, here, and here) that if a disabled employee requests an indefinite leave of absence from work, the Americans with Disabilities Act does not require you to provide it. Why? Because that accommodation is not reasonable. [Editor’s note: Obsessed much, Eric? Three posts about the…
No ADA accommodations required for non-disabled employees
Last week, we had a two-part series on the interplay between the Family and Medical Leave Act and the Americans with Disabilities Act. The former clearly obligates employers to afford leave to an eligible employee to care for a sick child. But, what about the latter? That is, must…
GUEST POST: FMLA & ADA: Never the twain shall meet? (Part II)
Today, Janette Levey Frisch is back as guest blogger to wrap up her two-part series on the interplay between the between the Americans with Disabilities Act and the Family and Medical Leave Act. (You can read Part One here). Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation…
GUEST POST: FMLA & ADA: Never the twain shall meet? (Part I)
Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on…
Appeals court revives disability bias claims of one-handed bus driver
Tammy Rosebrough was born without a left hand. In September 2007, she applied for a cook position at Buckeye Valley North High School. However, due to a shortage of bus drivers, the school encouraged Rosebrough to become a bus driver. Rosebrough accepted. Rosebrough claimed that, during her training, her trainer…
Fact or Fiction: The ADA requires creating a new job for a disabled employee
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Under the Americans with Disabilities Act, an employer is required to provide a reasonable accommodation, if doing so will allow…
The EEOC’s subpoena power is crazazy broad. Wooo!!!
On behalf of an illiterate man, the United States Equal Employment Opportunity Commission (EEOC) investigated a Charge of Discrimination against a MD employer, which allegedly had a literacy policy that violated the Americans with Disabilities Act (by discriminating against qualified individuals with learning disabilities). As part of its investigation, the…
Fact or Fiction: Disabilities under the ADAAA cannot be episodic
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” So, let’s get right to it. In Pearce-Mato v. Shinseki, decided earlier this week, a Pennsylvania federal court reminded us…