Rehabilitation Act of 1973

Even Extremely Flexible Schedule Accommodation Request Not Unreasonable as a Matter of Law

Posted on October 17, 2014 by Elaine I. Hogan

The United States Court of Appeals for the D.C. Circuit recently reversed the decision of the district court in the case of Solomon v. Vilsack, No. 12-5123 (D.C. Cir. August 15, 2014), a case involving an employee’s request to have significant flexibility in the her working hours as a reasonable accommodation for her disability. The district court had granted summary judgment to the employer, the Department of Agriculture, on the grounds that a “maxiflex work schedule” such as that sought by the plaintiff was an unreasonable accommodation request as a matter of law. The Court of Appeals disagreed, stating that “[n]othing in the Rehabilitation Act establishes, as a matter of law, that a maxiflex work schedule is unreasonable” and leaving for remand the factual question of whether this request would have been reasonable on this case.…


Policy Allowing No More Than Six Months’ Sick Leave Does Not Violate Rehabilitation Act

Posted on July 11, 2014 by Elaine I. Hogan

The Tenth Circuit was recently faced with the question of whether a university’s inflexible policy disallowing sick leave longer than six months violated the Rehabilitation Act. Rejecting the claims of the plaintiff, an assistant professor who sought more than six months leave after being diagnosed with and beginning treatment for cancer, the Tenth Circuit found that this policy did not itself violate the Rehabilitation Act. Hwang v. Kansas State University, No. 13-3070 (10th Cir. May 29, 2014).…

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