Handling Telework Requests in a Post-COVID Environment
4/13/21
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 the Americans with Disabilities Act (“ADA”), particularly for permission to continue working remotely. While every…
Websites Not Considered Places of Public Accommodation under the ADA
4/9/21
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 basis of disability in places of public accommodations, such as hotels, grocery stores, and restaurants. However,…
EEOC Issues Revised Guide for Employers on the Employment of Veterans with Disabilities
12/9/20
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 accommodation of veterans with disabilities.[1] One topic of note is the EEOC’s guidance to employers…
COVID-19: What Medical Inquiries Can Employers Make?
3/16/20
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 the Equal Employment Opportunity Commission’s (“EEOC”) pandemic guidance “Pandemic Preparedness in the Workplace and the ADA,”…
Current Legal Issues Facing Supportive Housing Facilities
12/2/19
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 19th. Supportive housing provides at-risk populations, including individuals with physical, mental, or developmental disabilities, veterans, and reentry individuals, with stable…
A Dog Walks Into a Bar with its Owner: Service Animals Welcome Accessories Please Leave at the Door
10/9/19
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 are prohibited from discriminating against individuals with disabilities. The ADA requires businesses (hospitality establishments) open…
Is Your Attendance Policy Too Rigid?
9/6/18
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 to a medical condition, most employers will consider the request as one for medical leave under…
Discrimination Suit Over Service Dog Revived By Third Circuit
8/23/18
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 Institute of Rehabilitation Medicine, which operates a school with a specialized program for dyslexic students,…
To FMLA or not FMLA, that is the question…
11/10/17
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 ADA, is a legal land mine. Fortunately, at least one federal judge in Pennsylvania recognizes…
11/6/17
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 Technology Employers are increasingly turning to technology utilizing biometric verification to ensure accurate time records…
Extended Medical Leave Held Not Reasonable Accommodation Under ADA
10/2/17
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, and PTO have been exhausted? If so, how much leave do I need to provide?…
3/30/15
By: Kevin Stone and Brian Dempsey Earlier this week, the Supreme Court heard oral argument in Sheehan v. City and County of San Francisco and grappled with an important issue facing every law enforcement officer across the nation: Whether Title II of the Americans with Disabilities Act (ADA) requires law enforcement officers to provide accommodations…