failure to accommodate

Employers face possible claims for failure to accommodate even where there is no actual knowledge of a need for accommodation

Posted on June 5, 2015

Back in March, I posted about the case before the United States Supreme Court involving a girl who claimed that she was discriminated against because of her religion when Abercrombie & Fitch didn’t hire her because of her headscarf. The Tenth Circuit had found that because the plaintiff did not inform Abercrombie before its hiring […]

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Supreme Court ruling strengthens protections under PDA

Posted on March 27, 2015

Earlier this week, the United States Supreme Court recently ruled in favor of protections afforded to pregnant women under the PDA, but stopped short of giving pregnant women “most-favored-nation” status. Young v. United Parcel Service, Inc., Case No. 12-1226.

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Does an employee have to specifically ask for a religious accommodation?

Posted on March 6, 2015

The United States Supreme Court heard argument this past week on this very issue in the case of EEOC v. Abercrombie & Fitch Stores, Inc., a case appealed from the Tenth Circuit Court of Appeals. Samantha Elauf was a teenager in Tulsa, Oklahoma who applied to work at an Abercrombie & Fitch store in 2008. […]

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

Posted on October 17, 2014

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 […]

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No USERRA Claim Where Vet Terminated Based on Threats Made Against Co-workers

Posted on September 26, 2014
Posted in Other

In a recent decision, a judge in the Eastern District of Virginia dismissed the claims asserted by a United States Army veteran with PTSD that his employer had terminated him in violation of both the Uniformed Services Employment and Reemplyoment Rights Act (“USERRA”) and the Americans with Disabilities Act (“ADA”). Williamson v. Bon Secours Richmond […]

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Telecommuting—A Reasonable Accommodation?

Posted on May 2, 2014

Can an employee request the ability to work from home as a reasonable accommodation? And how easy is it for an employer to demonstrate that an employee’s physical presence in the workplace is required? In a world in which telecommuting is becoming ever more prevalent, yet companies still maintain that they benefit greatly from employees’ […]

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