Category Archives: Reasonable Accommodation

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

Legal Marijuana Just Days Away—Are you Modifying Your Drug Testing or Substance Abuse Policies?

by John S. Gannon Recreational marijuana will become legal in Massachusetts this Thursday, December 15. Last month, Skoler Abbott attorney Erica Flores provided a detailed summary of the new law after it was approved by voters in the Commonwealth. Realistically, … Continue reading

Posted in Handicap Discrimination, Legislation, 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

New Mexico Federal Court Says Employers Have No Duty to Accommodate Medical Marijuana

by Erica E. Flores It has been more than three years since Massachusetts’ medical marijuana law went into effect, but as dispensaries continue to open across the state (there are now six), the practical implications of the law for the … 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

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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MCAD Requires Employer to Ask Displaced, Disabled Employee Whether He Can Do Job Before Reassigning Him

Warning to Massachusetts employers:  If you’re considering giving a disabled employee a new position when his position is eliminated, before doing so, you must initiate an interactive dialogue before assigning him to the position, says the Massachusetts Commission Against Discrimination … Continue reading

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Insubordinate Employee Can Proceed with Retaliation Lawsuit

Insubordination is typically defined as an employee’s willful disregard for a manager’s order.  It’s a very serious offense, and often leads directly to termination.  No passing go, no collecting $200 (unless it’s from the Department of Unemployment Assistance). In discrimination … Continue reading

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Schoolteacher sues school district for failing to accommodate fear of children

Just when you thought you had heard it all:  Maria Waltherr-Willard, a former high school Spanish and French teacher in Cincinnati claims she was forced to retire after her school district transferred her to teach at the middle school.  Waltherr-Willard … Continue reading

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