Even if kidney stones were a disability under the ADA, an employer did not violate the ADA by not providing the plaintiff’s requested accommodations of “flexibility in her schedule” and a reduced work load for an indefinite period of time, according to a federal district court in Utah. Whitmeyer v. R & O Construction, Inc.
reasonable accommodation
A Déjà Vu Moment On Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
As I read and re-read the OFCCP’s14 points of guidance to employers interested in establishing a “best practice” reasonable accommodation program, Appendix B to the Section 503 regulations issued in August, I had a déjà vu moment. I kept thinking that I had previously read something remarkably similar to the 14 points.
It finally came…
New York City Council Passes Law Requiring Pregnancy-Related Accommodations, Legislation Awaits Mayor’s Approval
By Joseph J. Lynett on
Posted in Uncategorized
On September 24, 2013, the New York City Council unanimously approved legislation that requires most New York City employers to provide reasonable accommodation for an employee’s pregnancy, childbirth or related medical conditions. While the legislation must be approved by the Mayor to become law, the City Council passed the measure by a seemingly veto-proof 47-0…
ADA Accommodation Request Need Not Relate to Essential Job Functions
By Jackson Lewis P.C. on
Posted in ADA
A request for a reserved, on-site, free parking space is a request for an accommodation under the ADA even though it does not relate to the performance of essential job functions, according to a decision by the United States Court of Appeals for the Fifth Circuit. Feist v. State of Louisiana, (5th Cir. Sept.
U.S. DOL Announces New Section 503 Disability Regulations
By Jackson Lewis P.C. on
Posted in Uncategorized
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced a Final Rule that makes historic changes to the regulations implementing Section 503 of the Rehabilitation Act with regard to the employment of individuals with disabilities, referred to in the Rule as “IWDs.” As explained in the DOL’s announcement, “Section…
The ADA Conundrum from Cleveland: Analyzing an Employee’s Inconsistent Statements About the Ability to Work
By Jackson Lewis P.C. on
Posted in ADA
In Cleveland v. Policy Management Systems Corp., the United States Supreme Court created a framework for analyzing how inconsistent statements on applications for disability benefits concerning a plaintiff’s ability to work affect an ADA claim.The analysis focuses on whether the plaintiff’s statements “genuinely conflicted with her ADA claim” and if so, whether the plaintiff…
Does a Rule Prohibiting Employees with Discipline From Transferring Violate the ADA?
By Jackson Lewis P.C. on
Posted in ADA
Must an employer bend its rule prohibiting an employee with discipline from transferring to another position as a reasonable accommodation if the request to transfer is due to a disability?
We posted recently about a case where an employer denied an employee’s request to telecommute or relocate his office for a medical reason because he…
Working Full Time is Sometimes Necessary to Get the Job Done
By Patricia Anderson Pryor on
Posted in ADA
An essential function of full time work is that an employee actually work full time! The U.S. Court of Appeals for the Sixth Circuit recently concluded that an individual who requested that she be allowed to continue working part time did not request a reasonable accommodation under the ADA. White v. Standard Insurance Co.,…
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures
By Jackson Lewis P.C. on
Posted in ADA
A mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We…