Letter of the Law: A Revival! No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A. And so it begins…. HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave or breaks are provided, and how tasks are accomplished. The 7th Circuit has explained that the employer must “rethink its preferred practices” and “consider modifications of jobs, processes, or tasks” to allow a disabled employee to work, “even where established practices or methods seem to be the most efficient or serve otherwise legitimate purposes.” Even further, the EEOC has issued guidance for employers to provide a leave of absence as a possible (and required) accommodation. But what about an “extended” leave of absence? Last fall, in a surprising decision, Severson v. Heartland Woodcraft, Inc., the 7th Circuit considered the familiar question: how much leave is required under the ADA? In a decision hailed as a win for employers, the Court said that an “extended” leave of absence was not a required accommodation. (Check out our earlier post here.) The ruling was even more notable because it put a number on it: Two to three months of additional leave after exhausting FMLA leave is not a reasonable accommodation. The decision remains contrary to the EEOC’s guidance and went so far to say that the ADA is “not a medical leave entitlement.” Why are we talking about the decision again? SCOTUS decided this week not to review the ruling. By allowing the decision to stand, the Severson case is the law of the 7th Circuit (and others where courts have taken a similar approach). Employers may pause before agreeing to provide a multi-month leave of absence as an accommodation. Be cautious, though. In a concurrence in another case, Seventh Circuit Court Justice Ilana Rovner reminded employers that “[h]olding that a long term medical leave can never be part of a reasonable accommodation does not reflect the flexible and individual nature of the protections granted” by the ADA. Stay tuned for the musing of the Letter B…
Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On
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June 25, 2013 | Employment Discrimination, Currents - Employment Law
Employers May Come Up, Um, Short Under ADA
June 19, 2013 | Employment Discrimination, Currents - Employment Law
EEOC Makes Good On Its Promise To Rekindle Disparate Impact Claims: Files Lawsuits Against Dollar General and BMW
June 18, 2013 | Employment Discrimination, Currents - Employment Law
Don’t Overlook The Gems In EEOC Files
June 7, 2013 | EEOC, Currents - Employment Law
Hot Topic: The Use of Criminal Records to Make Hiring Decisions
May 22, 2013 | Employment Discrimination, Currents - Employment Law
EEOC Offers Updated ADA Guidance Q&A’s Pertaining to Cancer, Diabetes, Epilepsy and Intellectual Disabilities
May 17, 2013 | Employee Health Issues, Employment Discrimination, Currents - Employment Law
EEOC Seeks Comments on Quality Control Plan for Investigations and Conciliations
May 14, 2013 | EEOC, Currents - Employment Law
Is the EEOC Set to Scrutinize Employer Wellness Programs?
May 8, 2013 | EEOC, Employee Health Issues, Currents - Employment Law
ADA Charge Verified by Counsel Is Insufficient; Plaintiff Failed to Exhaust Administrative Remedies
April 4, 2013 | EEOC, Currents - Employment Law
ADA Reasonable Accommodations and Wellness Programs
March 22, 2013 | Employee Health Issues, Currents - Employment Law
Employee Retaliation Claims: Will the Supreme Court Stem the Tide?
March 18, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
Court Upholds Random Alcohol Testing of New Coke Plant Employees
February 27, 2013 | EEOC, Currents - Employment Law
The Letter of the Law Proves Equally Applicable to Employees in FMLA Disputes
February 18, 2013 | Employee Health Issues, Currents - Employment Law
Accommodating the Commute
February 12, 2013 | Employee Health Issues, Currents - Employment Law
Happy Anniversary, FMLA!
February 6, 2013 | Employee Health Issues, Currents - Employment Law
2012 EEOC Charge Filing Stats Are In
January 30, 2013 | EEOC, Currents - Employment Law
Can Employees Take FMLA Leave for the Flu?
January 17, 2013 | Employee Health Issues, Currents - Employment Law
Mixed Motive Allegation Not Enough To Sustain “Regarded as” ADAAA Case
January 16, 2013 | Employee Health Issues, Currents - Employment Law
The EEOC's Plan of Attack
January 3, 2013 | EEOC, Employment Discrimination, Currents - Employment Law
No ADA Protection for Termination Due to Fear of Swine Flu
December 21, 2012 | Employee Health Issues, Currents - Employment Law
All I Want For Christmas Are Some Stats
December 20, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Businesses Brace for Another Round of EEOC Challenges
December 20, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Outreach Agreement May Signal EEOC Focus on National Origin Discrimination
December 12, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Census Bureau Release Workforce EEO Numbers
December 5, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Seventh Circuit Rejects EEOC’s Claim of Confidentiality Violations Under the Americans with Disabilities Act
November 26, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Must Abide By 300-Day Rule in Pattern and Practice Case, Says New Jersey Federal Court
October 22, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Educates Teens About Discrimination and Harassment in the Workplace
September 20, 2012 | EEOC, Employment Discrimination, Workplace Culture and Conduct, Currents - Employment Law
Unverified EEOC Filing Not Good Enough, Says Northern District of Indiana
September 12, 2012 | EEOC, Employment Discrimination, Pregnancy, Currents - Employment Law
Seventh Circuit Reverses Course on Reassignment Accommodation
September 10, 2012 | Employee Health Issues, Currents - Employment Law
EEOC Releases Its Draft Strategic Enforcement Plan Discussing Key Priorities for Fiscal Years 2012-2016
September 5, 2012 | EEOC, Employment Discrimination, Pregnancy, Currents - Employment Law
Is Employer-Ordered Counseling a Medical Exam Covered By The ADA?
August 29, 2012 | Employee Health Issues, Currents - Employment Law
EEOC Sues Burger King Franchisee Over Employee’s Religious Accommodation Request
August 27, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Southern District of New York Denies ADA & FMLA Plaintiff’s Motion For Summary Judgment & Instead Grants Summary Judgment For Employer
August 17, 2012 | Employee Health Issues, Currents - Employment Law
Obama Nominates Yang for EEOC Commissioner
August 13, 2012 | EEOC, Currents - Employment Law
EEOC's Litigation Focus Includes Cases Involving Teen Workers
August 8, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC General Counsel Discusses Drop in Systemic Case Filings, Announces New Priorities
August 7, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Split Among Federal Circuits Deepens Regarding Administrative Exhaustion of Post-Charge Retaliation Claims
August 3, 2012 | Traditional Labor, Currents - Employment Law
EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition
July 25, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
EEOC Meeting on Strategic Enforcement Plan
July 17, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
Crossing the Minefield of Criminal Background Checks
July 12, 2012 | EEOC, Currents - Employment Law
Montana Supreme Court Holds Obesity Alone Is An Impairment
July 11, 2012 | Employee Health Issues, Currents - Employment Law
Are Your Summer Interns Covered By Federal Anti-Discrimination Laws?
June 6, 2012 | Employment Discrimination, Currents - Employment Law, EEOC
Indiana Ranks 13th In EEOC Charges Received by State
May 22, 2012 | EEOC, Employment Discrimination, Currents - Employment Law
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