Disability Accommodation

The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the appellate court addressed the certified question “whether the ADA’s regarded-as provision encompasses conduct motivated by the likelihood that

The Department of Housing and Urban Development (“HUD”) did not fail to accommodate a disabled lawyer by rejecting her request to work from home and offering alternative accommodations instead, the Seventh Circuit ruled in Yochim v. Carson, No. 18-3670 (7th Cir. Aug. 15, 2019).  Affirming summary judgment, the Court held that the employee’s

2019 has brought a flurry of new leave and accommodation laws.  In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed.

The states (and US territory) that passed new laws, expanded or otherwise amended existing leave and accommodation laws, or had new laws go into effect

On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed the District Court’s grant of summary judgment in favor of the defendant, but came short of joining the Second, Sixth, Seventh and Eighth Circuits in explicitly holding that obesity cannot constitute a disability under applicable EEOC regulations unless there is evidence that the obesity is caused by an underlying physiological condition.
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New York has amended its Human Rights Law to expand protection from employment discrimination for victims of domestic violence. Signed by Governor Andrew Cuomo on August 20, 2019, the new law amends the New York State Human Rights Law with respect to victims of domestic violence. It also requires employers to provide reasonable accommodations. The

Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts, or felony stalking under a new law. The new “Special Leave” is in addition to any other leave to which

While it’s true that acts of generosity sometimes backfire on those who offer them, the Court’s ruling in Higgins v. Union Pac. R.R. Co., No. 18-1902 (8th Cir. July 24, 2019) shows this is not always the case.  In Higgins, the Eighth Circuit affirmed summary judgment for Union Pacific—holding that regular, reliable attendance