Disability Accommodation

Subscribe to Disability Accommodation

The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”).  The Guidance explains at a high-level how state and local governments (entities covered by Title II of the ADA) and places of public accommodation (entities covered…

The Virginia Office of Civil Rights has issued its new poster for employers regarding reasonable accommodations for employees with disabilities. Starting July 1, 2021, covered Virginia employers must post this poster in a conspicuous location and provide a copy of the poster to any employee who discloses they have a disability, within 10 days of

…

Starting on July 1, 2021, most Virginia employers must include information in their employee handbooks about reasonable accommodations for persons with disabilities and provide that information directly to any employee within 10 days after receiving notice that the employee has a disability. Read more about this new requirement.

Just as you may have been preparing to settle into a relaxing Memorial Day Weekend, the EEOC issued additional informal guidance today concerning COVID-19 vaccination issues. Although there are still many holes to be filled, and employers continue to be left with incomplete guidance, here are some initial highlights and observations:

MANDATING THE VACCINE

•…

What is an employer’s risk in terminating an employee who has suffered an injury or becomes disabled and no longer can perform the essential functions of the position?  How can that risk be lowered?

The Seventh Circuit Court of Appeals recently addressed this issue in Conners v. Wilkie, a lawsuit brought by a licensed…

With COVID-19 infection rates and hospitalizations decreasing, states are slowly loosening restrictions on businesses. For example, Connecticut, New York, and New Jersey announced plans to fully reopen by May 19th  with some constraints remaining in place, including mandatory wearing of masks and social distancing.  All three states have announced significant capacity rollbacks for indoor…

Effective July 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers. Read more about the  expanded law and next steps for employers here.

On December 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional…

When it comes to disability and leave management, the past year has been one HR hurricane after another. Everything is different, including our Annual Disability & Leave Management Symposium. We know you are as frustrated as we are. We wanted to have an old fashioned, in-person conference, but in the interest of social distancing we’ve…

The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations related to the COVID-19 Job Protection Act signed into law on March 20, 2020.

The law generally protects employees from adverse actions when they take or request time off at the written or electronic recommendation of a medical professional licensed in…