Blog: disability discrimination

 

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Working at Home May Not be a Reasonable Accommodation

Posted on May 4, 2015 by
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In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability.  Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]

U.S. Supreme Court will Answer the Question of Who Must Give Notice of an Accommodation

Posted on April 29, 2015 by
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Yesterday, the United States Supreme Court heard oral argument in a religious discrimination case that asks the question whether an employee/applicant needs to request an accommodation of religious beliefs in order for an employer to be required to consider an accommodation. In this case, an applicant for a position with Abercrombie Fitch Stores, Inc. appeared […]

Adjust Job Duties

Posted on November 3, 2014 by
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A recent decision by the 7th Circuit Court of Appeals has reaffirmed the duty of employers to consider minor adjustments to job duties as a reasonable accommodation under the Americans with Disabilities Act. This decision, while dealing with the ADA, reinforces the position taken by the Equal Right Division in Wisconsin that adjustment of work […]

Bring Your “Comfort Animal” to Work – Everyday?

Posted on September 29, 2014 by
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I am familiar with the national movement of “bring your child to work,” but now I am wondering if we will have a national movement to bring your “comfort animal” to work. A recent federal court decision in Hawaii held that an employer may have discriminated against an employee based upon his depression and adjustment […]

Working from Home May Not be Automatic

Posted on September 18, 2014 by
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I wrote a blog a number of months ago about a federal Court of Appeals decision which strongly suggested that working from home would be a required reasonable accommodation in certain circumstances. A decision involving Ford Motor Company strongly suggested that the company would be required to allow an employee with irritable bowel syndrome to […]

Attention Deficit Disorder – Disability?

Posted on August 20, 2014 by
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I have always been concerned that attention deficit disorder would become a commonplace claim of a disability by employees, especially employees who are subject to disciplinary action. A recent decision from the 9th Circuit Court of Appeals gives employers some hope that attention deficit disorder (ADHD) will not automatically be considered a disability. In this […]

Is Six Months Enough?

Posted on June 6, 2014 by
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A recent decision from the Tenth Circuit Court of Appeals has addressed the question whether a six-month leave of absence for a disabled employee is sufficient to satisfy the reasonable accommodation requirement. The Court of Appeals found that Kansas State University satisfied the reasonable accommodation requirements under the Rehabilitation Act when terminating an assistant professor […]

Interactive Process is a Must

Posted on May 16, 2014 by
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A recent decision from the Seventh Circuit Court of Appeals (which covers Wisconsin) again emphasized the absolute necessity that an employer engage in an interactive process with an employee claiming a disability before making any decision regarding accommodations or continued employment by the employee. In reviewing a lower court’s decision to grant summary judgment in […]