Today’s blog entry deals with the question of what happens when an employer demands that an employee move to a different job without evaluating or completely assessing whether that employee is capable of performing his or her current job’s essential functions with or without reasonable accommodations. The answer to the question says the Fourth Circuit
Mandatory reassignment
Vicarious Exhaustion, §504 statute of limitations, Failure to Accommodate, Otherwise Qualified, and Reassignment all Wrapped up Together in One Case
Today’s blog entry deals with a topic I have not dealt with before and with topics that I have dealt with before. The topic that I have not dealt with before in my eight years of blogging on the Understanding the ADA is the concept of vicarious exhaustion. There are topics that I have dealt…
Getting the Reasonable Accommodation Process Right and Mandatory Reassignment Revisited
Hope everyone had a great Thanksgiving. We aren’t out of the woods yet with Covid-19. So, please be safe.
Today’s blog entry comes from the Fourth Circuit, Elledge v. Lowe’s Home Centers, LLC1801846767199, a published decision decided on November 18, 2020. The case deals with two issues: failure to accommodate; and whether the…
Failure to Accommodate, Direct Evidence, and the Interactive Process
Today’s blog entry comes from a connection to mine on LinkedIn, Janette Levey Frisch, an employment lawyer in the New York City area (East Brunswick, New Jersey), blogging at EmpLaWyerologist, http://theemplawyerologist.com/. The case is Fisher v. Nissan North America, Inc., a published decision from the Sixth Circuit decided on February 27, 2020, which…
Interactive Process and Essential Functions of the Job
Today’s case is a twofer. That is, we are going to talk about two different cases, both dealing with the interactive process and essential functions of the job. The first case is an unpublished decision from the 11th Circuit, Kassa v. Synovus Financial Corporation, decided February 3, 2020. The second case is Seward…
Hostile Work Environment Issues and Demotion as a Reasonable Accommodation
Next week is Thanksgiving week. My daughter has that entire week off. So, I am not sure about a blog entry for next week.
I have a whole bunch of cases in my pile that I can blog on. When I was going through them this morning, I ultimately decided to blog on a…
ADA and Reasonable Accommodations: The HR (Title I) Version
A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very…
Extended Leave as a Reasonable Accommodation: The Seventh Circuit View
Today’s case is Severson v. Heartland Woodcraft, Inc., a case from the Seventh Circuit decided September 20, 2017. The blogosphere has lit up with it, and I thought I could add my own spin to it even though several bloggers have done a real nice job talking about it. As is usual, the case…
Mandatory Reassignment yet Again, Rule 59(E), EEOC Legal Malpractice?, And Other Matters
I know I said that last week’s blog entry would be my last substantive blog entry of the year, but events can always happen to change my mind. Recently, the 11th Circuit came down with a published decision on December 7, 2016, in EEOC v. St. Joseph’s Hospital, Inc. , which has several issues…
EEOC Proposed Rule on Affirmative Action for Individuals with Disabilities in the Federal Government
The federal government has put affirmative action back on the table with the EEOC proposed rule for Affirmative Action for Individuals with Disabilities in the Federal Government. Previously, I have written here on the Office of Federal Contracting Compliance Program rule for federal contractors. When it comes to the Rehabilitation Act, here is how…