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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 26
  • September
  • 2017

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The ADA is Not a Leave Law, But Someone Forgot to Tell the EEOC

Does the ADA require employers to allow unpaid leave for accommodation when such leave doesn’t present undue hardship? This has actually been an open question under the ADA for a while, and the EEOC last year said that unpaid leave might sometimes be a reasonable accommodation; most employers would probably say that unpaid leave is not a reasonable accommodation. After all, an accommodation request can only be reasonable if the employee, “with or without reasonable accommodation, can perform the essential functions of the employment position.”

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HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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  • 20
  • April
  • 2017

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Don’t Be Afraid to Run Your Business in Considering ADA Accommodation Requests

Employers are often hesitant to deny a disabled employee accommodation, fearing that any denial may trigger liability. But a recent Eleventh Circuit case reminds us that, while employers must seriously consider accommodation requests and engage in a meaningful interactive process with the requester, companies don’t have to let such a request interrupt the ordinary conduct of their business.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Robert Sheppard

Robert Sheppard Associate