Tag: Reasonable Accommodation

EEOC’s Pregnancy Accommodation Regulations Are Broader Than You Think

Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a monthly basis from menstruation. In the videos, the men are usually in agony by the time the highest setting is applied, […]

Case Study: Unpaid Leave of Absence Can Be Appropriate ADA Accommodation

When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the employee’s requested accommodation would cause. That’s the route UPS took with one of its […]

Case Study: 4th Circuit Delivers Road Map for Accommodation Process

The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform the essential functions of the job. A recent case decided by the 4th Circuit Court of Appeals (which has jurisdiction over North Carolina) […]

Case Study: 5th Circuit Says Remote Work Can Be Reasonable ADA Accommodation

The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas, Louisiana, and Mississippi) shocked employers out of the summer doldrums with a new opinion issued on June 28, 2023. In a 2-1 vote, it declared that remote work or commuter assistance for an employee in the Houston area can be a reasonable accommodation under […]

Here’s Why Coming to the Office May No Longer Be Deemed an ‘Essential Job Function’

Before March 2020, courts frequently rejected claims by workers who said they should be allowed to work from home as an accommodation for a disability. Judges routinely concluded that on-site attendance—coming into the physical workplace—was an “essential job function” and that working from home wasn’t a “reasonable accommodation” that employers had a duty to offer […]

Special Delivery: Considerations for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]

Reasonable Accommodations in Job Interviews

Question Are we required to provide American Sign Language (ASL) or English-language interpreters for candidates in job interviews? If so, who pays? Answer Not necessarily, but you are required to reasonably accommodate candidates with disabilities, including candidates who are deaf. Reasonable accommodations can include sign language interpreters but can also include written materials produced in […]

Interactive Process Not Triggered Until Employee Brings Up Need for Accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide […]