Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation

A new court ruling serves as a good reminder about the importance of engaging in an interactive dialogue with employees to determine reasonable accommodations for employees with disabilities – including a possible reassignment accommodation – and providing clear and consistent employment decisions.   Facts In this case, an employee sued his former employer, alleging that it… Continue reading Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation

EEOC Sues Employer for not Accommodating COVID-Related Telework Request

On September 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against ISS Facility Services, Inc., a workplace experience and facility management company headquartered in Texas, alleging violations of the Americans with Disabilities Act (“ADA”). This case marks the agency’s first disability accommodation lawsuit connected to the COVID-19 pandemic, and it is one… Continue reading EEOC Sues Employer for not Accommodating COVID-Related Telework Request

Court Says ADA Request for Telework Unreasonable

The Tenth Circuit Court of Appeals, which has jurisdiction over Kansas Federal Courts, has clarified an employer’s obligations under the Americans with Disabilities Act (“ADA”) when an employee requests to work remotely. Specifically, the court ruled that employers are not obligated to provide accommodations for non-work-related barriers, such as transportation issues. The case arose after… Continue reading Court Says ADA Request for Telework Unreasonable

EEOC Updates COVID-19 Guidance for COVID-19 Testing and ADA Accommodations

On September 8, the EEOC updated its guidance with respect to what employers should know about COVID-19, the ADA Rehabilitation Act, and other EEO laws. Generally, the updates act to clarify previously taken positions of the EEOC.Two of the important clarifications involve the EEOC’s position on administering COVID-19 tests to employees, and an employers’ ability… Continue reading EEOC Updates COVID-19 Guidance for COVID-19 Testing and ADA Accommodations