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ADA

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?

Your choice on diabetes accommodations: Pay little or nothing now or $150K later

04/14/2025
Most disability accommodations don’t cost much at all to provide. Penalties for violating the ADA by not accommodating an employee’s health needs can be expensive indeed.

Understand how pregnancy accommodations differ from other accommodations

04/14/2025
Accommodations under the Pregnant Workers Fairness Act can look very familiar at first glance. Like disability accommodations under the ADA and religious accommodations under Title VII of the Civil Rights Act, pregnancy accommodations under the PWFA require having an interactive conversation with the employee designed to identify what changes the employer can make to accommodate the employee’s needs. But the similarities between the laws end there.