The EEOC has sued a hospital that granted an employee two months of medical leave and extended it for an additional four months, but denied her further medical leave and terminated her because her continued absence would cause it an undue hardship. EEOC v. Children’s Hospital and Research Center, Case No.”CV 13-5715 (N.D. CA.
accommodation of last resort
ADA Accommodation of Last Resort Heading to Court of Last Resort Again?
We posted previously about the Seventh Circuit holding in EEOC v. United Airlines that, in deciding whether a disabled employee who cannot perform the essential functions of his or her position is entitled to a vacant position as an accommodation under the ADA, the employer must disregard its policy of awarding positions to the best-qualified…
Seventh Circuit Tips Balance on ADA’s Accommodation of Last Resort
When an employee cannot perform the essential functions of his or her position, with or without an accommodation due to a disability, an employer must consider “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.
Circuit courts had been evenly divided on whether an individual with…
Last Word on Accommodation of Last Resort Yet To Be Spoken
When an employee cannot perform the essential functions of his or her position, with or without an accommodation, due to a disability, an employer must consider “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.
The circuit courts have split on whether an individual with a…