News

By now, we are all familiar with the idea that morning sickness experienced during pregnancy must be accommodated under the Pregnant Workers Fairness Act. But if a recent lawsuit is any indication, the EEOC is pushing the idea that many common pregnancy problems are also protected under the Americans with Disabilities Act.

Under the ADA, there’s no obligation to reasonably accommodate a spouse’s illness. But a recent case in California under that state’s ADA equivalent may portend a trend.

An employee states she has a disability (fibromyalgia) and undiagnosed autism. She says this makes it hard for her to process thoughts, which makes her slower at reading notes on the computer, processing client requests, answering phones as quickly as others and the ability to multitask. She has never provided any reasonable accommodation information from her doctor.

Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.

In a mixed decision that may invite other cases, the U.S. Supreme Court ruled that a retired disabled individual could not sue her former employer over an alleged discriminatory policy change that cut her retiree health benefit.

The ADA requires employers to provide help to disabled applicants at every stage of the employment relationship if that assistance is reasonable, allows disabled workers to enjoy all the benefits other workers receive and provides the help they need to perform the essential functions of their jobs despite a disability. That includes adapting job training so disabled employees can learn how to perform their jobs.

The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

The ADA doesn’t set a time limit for the reasonable accommodations process, but assumes that everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate.

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

Under the ADA, workers with disabilities who aren’t yet eligible for leave or who have used up their accrued leave and FMLA entitlement may be able to take more time off as a reasonable accommodation. However, there is no ADA right to indefinite leave.