Employers must engage in good faith interactive process with employees seeking accommodation or risk running afoul of the ADA
By: Janet Barringer & Ryan Giggi
Practical tip for employers: understand the root of an employee’s request for accommodation in order to effectively engage in the requisite interactive process. Otherwise, the response by the employer to an employee’s request for …
Handling Telework Requests in a Post-COVID Environment
By: David Chang
As COVID-19 numbers retreat and vaccine distributions increase, many businesses that shifted to a Working From Home (“WFH”) environment are preparing to transition back to the office. This will likely bring increased requests for “reasonable accommodations” under …
Websites Not Considered Places of Public Accommodation under the ADA
By: Joyce Mocek
The Eleventh Circuit recently held that websites of businesses open to the public are not necessarily considered places of public accommodation under Title III of the Americans With Disabilities Act (ADA). The ADA prohibits discrimination on the …
EEOC Issues Revised Guide for Employers on the Employment of Veterans with Disabilities
By: Andrew Kim
On November 27, 2020, the EEOC issued three revised publications discussing the employment of veterans with disabilities. One of those publications is a revised guide for employers on how the ADA applies to the recruiting, hiring, and …
COVID-19: What Medical Inquiries Can Employers Make?
By: Jennifer Markowski
Last week, Brad Adler, addressed FAQ’s (and Answers) for Employers Dealing with the Coronavirus, COVID-19. Subsequent to that article, on March 11, 2020, the World Health Organization (“WHO”) declared COVID-19 a pandemic. Consequently, employers should follow …
Current Legal Issues Facing Supportive Housing Facilities
By: Joseph Colette
FMG Partner H. Joseph Colette discussed “Current Legal Issues Facing Supportive Housing Facilities” at the Georgia Supportive Housing Association’s 9th Annual Supportive Housing Conference, held at the State Bar of Georgia from November 18th to …
A Dog Walks Into a Bar with its Owner: Service Animals Welcome Accessories Please Leave at the Door
By: David Molinari
The Americans with Disabilities Act (ADA) provides people with disabilities equal access to employment, state and local government programs and goods and services. Businesses open to the public including hospitality venues must comply with the ADA and …
Is Your Attendance Policy Too Rigid?
By: Christopher Curci
Employers need to be mindful of both the Family Medical Leave Act (“FMLA”) and Americans with Disabilities Act (“ADA”) when considering how to enforce their attendance policies. When an employee requests time off from work to attend …
Discrimination Suit Over Service Dog Revived By Third Circuit
By: Barry Brownstein
The Third Circuit has revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog.
In 2014, Traci and Joseph Berardelli sued the Allied Services …
To FMLA or not FMLA, that is the question…
By: Christopher M. Curci
FMLA and ADA leave questions are some of the most frequent that we receive from our clients. Deciding whether an employee’s absence should be designated as FMLA leave, or granted as a reasonable accommodation under the …
Employers Beware: Use Of Biometric Technology Can Expose You To Troublesome Lawsuits (Especially In Illinois)
By: William E. Collins, Jr.
The recent spike in claims against employers involving employee biometric data is a reminder that employers across the country should use caution before implementing technology utilizing employee biometric information.
How and Why Employers Use Biometric …
Extended Medical Leave Held Not Reasonable Accommodation Under ADA
By: Amy C. Bender
Accommodations for disabled workers, and particularly requests for medical leave, continue to present challenges for employers. Who is considered disabled? Do I have to provide employees additional time off work after FMLA, other statutory leave entitlements, …