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 …
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 …
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 …
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 …
As Commerce Moves Online, the Americans with Disabilities Act Follows
2/11/19
By: Natalie Pulley
Does the Americans with Disabilities Act, requiring accessibility in public accommodations, apply to a business’ online presence? The Eleventh Circuit has weighed in on the issue, finding in Dennis Haynes v. Dunkin’ Donuts LLC that the ADA …
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 …
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 …
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 …
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, …
EEOC Lawsuit for Disability and Genetic Information Discrimination is Cautionary Tale for Employers
9/28/17
By: Paul H. Derrick
The Equal Employment Opportunity Commission is seeking back pay, compensatory damages, punitive damages, and injunctive relief against one of the nation’s largest retailers for withdrawing job offers to applicants whose post-offer medical examinations revealed they had …