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Does the ADA Protect Sleeping on the Job?

Clark v. Champion National Security, Incorporated (No. 18-11613, January 14, 2020) is the Fifth Circuit’s latest statement on whether the Americans with Disabilities Act (the “ADA”) requires an employer to excuse terminable misconduct—here, sleeping on the job—based on an employee’s…

The Year 2020 Will Bring Several Important New Laws that Will Impact Employers

The following is a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond. LGBT Rights Due to its significant impact on the civil rights of more than eight million LGBT individuals in this…

What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability. The…

What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability. The…

Associational Discrimination Under the ADA

The association provision of the Americans with Disabilities Act (ADA) prohibits employment discrimination against an employee or applicant because of a known relationship or association with a person with a known disability. This means that an employer is prohibited from…

Large Jury Award in Disability-Bias Case – What the Employer Did Wrong

Richard W. Bunch, PhD, PT, CBES It always amazes me when reviewing legal cases about allegations of employee discrimination how employers too often create their own problems that are quite costly. In the California case, Abarca v. Citizens of Humanity,…

Accommodating an Anxious Workforce

The American workforce is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows precisely how…

GINA, ADA Boundaries in Fitness-For-Duty Exams

An informal discussion letter released by the EEOC sketches out the lawful boundaries under GINA and the ADA with regard to medical history inquires and annual fitness-for-duty examinations. Although the letter responds to an inquiry about medical history information sought…

Using Fitness for Duty Testing as Part of an Interactive Accommodation Review

Under the Americans with Disabilities Act (ADA), the purpose of the interactive accommodation review (IAR) process is to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.” In return to work cases…

Reassignment: The Often-Overlooked Accommodation of Last Resort

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of their job? Can the employer…

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