ADA accommodations do not have to relate to essential job functions

The Fifth Circuit has clarified an important Disabilities Act issue in a case vacating summary judgment against an employee. Feist v. Louisiana, CA No. 12-31065 (9/16/13). The district court held the employee failed to establish a nexus between the requested accommodation and any essential function of her job. In the district court's view that was fatal to her claim she was denied a reasonable accommodation. In vacating and remanding, the Fifth Circuit panel (Davis, Jones, Benavidies) relied upon the statute and DoL regulations to conclude a request for a "free on-site parking space" to accommodate her osteoarthritis of the knee could be a reasonable accommodation because it could make existing facilities readily accessible. The case was remanded to determine whether the request was reasonable.

Employee wins SJ on ADA claim against naive employer

A federal district court in Tennessee has granted summary judgment to an employee on his disability discrimination claim. The case is significant because it illustrates how an employer's naive approach to assessing the issues and its own termination letter can be devastating to the defense of a disability discrimination claim. Lovell v Champion Car Wash, LLC. More after the jump.

Isn't it ironic

The EEOC has sued the Scooter Store (they sell mobility to those with limitations on walking) for disability discrimination.

How long must an ADA leave be?

Employers are having a difficult time complying with the new Americans with Disability Act leave requirements.  Employers who cap leave time at a maximum number of days, or cap it at 12 weeks mistakenly believing the FMLA maximum is all ADA requires' have found out the EEOC and the Courts see the requirements differently. An individual assessment is required for each leave request. While it is conceivable an across the board capped among of time may establish an employer's hardship, its not an easy burden to meet and individual assessment, even in that context is required. Some cases of note are discussed in this on line post.

GINA and ADA record keeping

Title I of the ADA and Title II of GINA limit employer access to medical information. Regardless of whether an employer or an occupational health provider maintains information in paper or electronic files, it must ensure that personal health information about applicants or employees cannot be accessed, except under the circumstances permitted by the statutes. The EEOC has issued an informal opinion letter providing some guidance.

Dwarf denied stool accommodation

In a suit filed against Starbucks by the EEOC, the allegations are after hiring a dwarf, Starbucks refused to provide her a stool or stepladder so that she could fulfill her customer service duties. The EEOC claims the failure to provide an accommodation violates the Americans with Disabilities Act.

Final ADA regulations

Then EEOC has issued final regulations implementing the ADA Amendments Act.

Attendance not essential

Attendance, FMLA and the ADA. The combination can be a toxic brew for employers. When does intermittent absence render an employee unqualified? The Fifth Circuit's opinion in Carmona v. Southwest Airlines Company provides an interesting answer. More after the jump.

EEOC settles ADA claim in New Orleans

Retailer Saks has agreed to settle, for $170,000, an ADA claim filed by the EEOC,  arising in the New Orleans store. Details here.

The EEOC has updated flu advice

The EEOC's technical assistance document for flu has been updated and expanded. There is a very informative Q. & A. section. Specific advice permits employers to send persons home with flu symtoms. Direction on what inquiries are appropriate is also provided.

Proposed ADA regulations available

The proposed ADA regulations are available here and in .pdf here.

Flu and the ADA

The Equal Employment Opportunity Commission has released a notice concerning ADA issues and influenza. The advisory includes an approved "ADA-Compliant Pre-Pandemic Employee Survey" concerning employees availability for work.