Posts Tagged ‘accommodation’

Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall…

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ACCOMMODATION » A place to pray

Within the last couple of years, we have highlighted a number of cases involving religion in the workplace and, specifically, religious accommodations, such as allowing employees to wear head scarves or other personal religious symbols. Late last year, a federal district court in Kansas was faced with the question of whether an employer properly attempted to accommodate the praying requirements of a Muslim employee.

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EMPLOYMENT LAW UPDATE » Supreme Court declines opportunity to resolve split in the circuits over ADA job reassignment issue

The issue: Under the Americans with Disabilities Act, can an employer force an employee with a disability to compete for an open position? It’s a question that continues to split the nation’s circuit courts of appeals, as the U.S. Supreme Court recently declined to hear an appeal in United Airlines Inc. v. EEOC.

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