Category Archives: Americans with Disabilities Act

Can Employers Ever Treat Employee Absences the “Rose” Way?

by Stefanie M. Renaud Last week we discussed the fine imposed by the New York Knicks on player Derrick Rose for his “no call no show” for a basketball game.  Employers might wonder if they, like the Knicks, could “fine” … Continue reading

Posted in Americans with Disabilities Act, Documentation, Family and Medical Leave Act, Leave Laws, Policies, Reasonable Accommodation | Leave a comment

EEOC Issues New Guidance on Leaves of Absence as Reasonable Accommodation

by Stefanie Renaud Earlier this week the Equal Employment Opportunity Commission (“EEOC”) issued new guidance for employers on the use of leave as a reasonable accommodation under the Americans with Disabilities Act (”ADA”).  The EEOC issued the guidance after noting a … Continue reading

Posted in Americans with Disabilities Act, Leave Laws, Policies, Reasonable Accommodation | 4 Comments

Fingerprint Checks Now Mandatory for Human Service Agencies and Their Transportation Services

by Susan G. Fentin Here’s a reminder for Human Service Agencies who are licensed, funded, or approved by the Department of Developmental Services or who provide transportation on behalf of any programs that are licensed, funded, or approved by DDS:  … Continue reading

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Young v. UPS: What Do Massachusetts Employers Need to Know?

by Erica E. Flores In 2006, a part-time UPS delivery driver named Peggy Young became pregnant and was advised by her doctor not to lift more than 20 pounds during the first 20 weeks of her pregnancy and not to lift … Continue reading

Posted in Americans with Disabilities Act, Discrimination, Handicap Discrimination, Policies, Reasonable Accommodation, Supreme Court, Title VII | Leave a comment

Addressing Employee Safety Concerns About Ebola

by David W. McBride The Ebola epidemic in West Africa has dominated the news cycle for months but until recently had been a concern American employers could monitor from afar.  Recent news stories about sick aid workers returning to the … Continue reading

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EEOC Sues Employer Over Wellness Program

by David W. McBride On August 20, 2014, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Orion Energy, a Wisconsin-based energy company, alleging that Orion violated the Americans with Disabilities Act (ADA) when it required an employee to … Continue reading

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Is Telecommuting a Reasonable Accommodation? Maybe.

by Amelia J. Holstrom Until recently, employers in the Sixth Circuit thought that when regular and reliable attendance is an essential function of a job, telecommuting is a reasonable accommodation only in unusual cases.  In EEOC v. Ford Motor Company, … Continue reading

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Is Transfer a Reasonable Accommodation? Depends on Whom You Ask.

Massachusetts state courts have held that under Mass. Gen. L. Ch. 151B an employer is not required to transfer an employee to another position as a reasonable accommodation.   Specifically, in Russell v. Cooley Dickinson Hospital, Inc., the Supreme Judicial Court … Continue reading

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Federal Court in Massachusetts Offers Further Guidance on Claims of Associational Disability Discrimination

As we posted back in July, in Flagg v. Alimed, Inc., the Massachusetts Supreme Judicial Court ruled that the state’s anti-discrimination law, Massachusetts General Laws Chapter 151B, bars employers from discriminating against employees not only on the basis of their … Continue reading

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U.S. District Court in Oregon Declines to Extend Supreme Court’s “But For” Causation Standard to ADA Discrimination Claims

As we reported back in June, the Supreme Court recently ruled in  Univ. of Tex. Sw. Medical Center v. Nassar that while employees’ Title VII discrimination claims must meet the “motivating factor” test, employees’ Title VII retaliation claims must meet the … Continue reading

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