ADA

Accommodation could include return to office

08/18/2025

A recently filed case puts a different spin on telework accommodations. A disabled employee asked to return to the office five days a week as her accommodation.

Court rejects ‘indefinite’ ADA leave

08/11/2025

In recent years, federal courts have consistently sided with workers who have run out of leave and still need more time off before returning to work. However, there is a limit to how much time the disabled employee can take off.

Morning sickness may also qualify as ADA disability

07/21/2025

If a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

No, you can’t deny accommodation over aesthetics

06/30/2025

Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.

Supreme Court rules ADA does not apply to former employees

06/30/2025

In a mixed decision that may invite other cases, the U.S. Supreme Court ruled that a retired disabled individual could not sue her former employer over an alleged discriminatory policy change that cut her retiree health benefit.

Why employers must move fast during accommodation process

06/12/2025

The ADA doesn’t set a time limit for the interactive accommodations process, but assumes everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate. She doesn’t have to lose her job, pay or benefits to do so.

Late paperwork subject to reasonable accommodation

06/09/2025

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

Watch out for dress codes that could trigger ADA lawsuits

05/09/2025

Enforce your dress and grooming code too rigidly and you could find yourself on the losing end of a failure-to-accommodate lawsuit. Here’s a case showing that common medical problems may require employers to bend their dress-code rules to accommodate employee disabilities.

Be prepared to offer non-traditional ADA accommodations

04/28/2025

We usually think of ADA accommodations as those that allow employees to perform the essential functions of their jobs. Other forms of ADA accommodation don’t directly affect essential job functions. Instead, they help employees manage their disabilities.

Understand marijuana laws in every jurisdiction where you operate

04/25/2025

Employers can require employees accused of violence at work to take a drug test. But what happens if the test reveals the presence of marijuana in the system of an employee whose use of medical marijuana is authorized by state law?

ADA