Tag: Americans with Disabilities Act (ADA)

Restaurant and Service Dog: ADA Cautionary Tale for Employers

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat the customer because of her unfamiliarity with their dog and a history of other customers […]

New DOL Guidance Address Mental Health Leave Under FMLA

The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]

Court Restores Accommodation Claim for Employee with Pending Leave Request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]

Lessons on Accommodating Anxiety Disorders

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and he has a meltdown. The […]

Time Is on Her Side: Temporary Disabilities Under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that […]

Caring for Caregivers: Understanding Caregiver Discrimination Under Federal Laws

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers, whether they are caring for children, a spouse, an individual with a disability, or older relatives. Practically, issues arise when […]

Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with or without a reasonable accommodation. Once an employee discloses the need for a reasonable accommodation, […]

Using Artificial Intelligence Hiring Tools May Lead to Disability Discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact […]

Watch Out for Scope Creep in Flexible Work Arrangements

Despite best intentions and nondiscriminatory business motivations, some groups of employees may reap more of the benefits of flexible work arrangements than others simply because their circumstances make such options more attractive to them. Accordingly, you should take steps to ensure flexible work arrangements are offered and implemented without discrimination on any prohibited basis. In […]

DOJ Issues Web Accessibility Guidance, Falls Short of Setting Specific Standards

For several years, businesses have been hammered with website accessibility lawsuits that argued all places of public accommodation, including online retailers and hospitality businesses, must have websites users with visual or other impairments can access. The lawsuits arise from Title III of the Americans with Disabilities Act, which generally provides that places of public accommodation […]