Walmart Liable for Denying Full-Time Job Coach to Employee with a Disability

?Takeaway: The reasonable accommodation requirement of the Americans with Disabilities Act (ADA) may require an employer to provide a disabled employee with a full-time aide or job coach. ?The 7th U.S. Circuit... Read more »

Respond Compassionately to People with Psychological Disabilities

?Aside from common decency, there’s a built-in case for a compassionate approach when reviewing accommodation requests from individuals with psychological disabilities. Compensatory and punitive damages may not be awarded under the Americans... Read more »

Comments By Supervisor Lead to Discrimination Claim

?A federal court in Pennsylvania recently ruled a discharged nurse’s disability discrimination claim can proceed to trial, based on her request for an accommodation during her interview and alleged comments by her... Read more »

Employee Responsible for Breakdown in ADA Interactive Process

?Takeaway: An employer must make a good-faith effort to assist an employee who seeks a reasonable accommodation for a disability. Under applicable 3rd Circuit law, an employer can demonstrate that it participated... Read more »

When Should Service Dogs Come to Work?

?On June 30, the U.S. Equal Employment Opportunity Commission (EEOC) sued arts-and-crafts retailer Hobby Lobby for refusing to reasonably accommodate and then firing an employee with mental health problems who requested the... Read more »

Mild COVID-19 Is Not a Disability Under Calif. Law

?Takeaway: While an employee experiencing mild symptoms of COVID-19 did not have a disability under California’s Fair Employment and Housing Act, an employee experiencing more severe symptoms or long COVID-19 might be... Read more »

Court Cases Show Mistakes to Avoid in ADA Compliance

?Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot... Read more »

Ask HR: Did My Employer Violate the ADA?

SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today. Do you have an HR or work-related question you’d like him... Read more »

Employers Grapple with Surge in Mental Health Issues

?More employees are struggling with mental health conditions, and as a result, employers are fielding more requests for accommodations and dealing with increased absenteeism. Pandemic-related stress at work and at home was... Read more »

Failure-to-Accommodate Claim Dismissed for Lack of Identifiable Accommodation

?Takeaway: Employers must engage in a good-faith, interactive process to identify and implement reasonable accommodations once an employee notifies the employer of a disability, triggering the employer’s duty. Further, employees, particularly supervisors,... Read more »