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Disability Accommodation

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Denying Employee’s Remote Work Accommodation Request Spurs EEOC Lawsuit

  • Sep 9, 2021
  • Disability Accommodation
  • Janell Stanton

In its first COVID-19-related disability accommodation lawsuit, the EEOC alleges that ISS Facility Services (“ISS”) discriminated against its employee, Ronisha Moncrief, when it denied her reasonable request for an accommodation and terminated her employment.  Moncrief, ...

EEOC Publishes New Guidance on Employee Opioid Addiction

  • Aug 12, 2020
  • Disability Accommodation
  • Colin H. Hargreaves

Opioid addiction continues to be a serious problem in the United States. As with many other prescription medications, opioids present significant challenges to employers, who must address issues relating to both the lawful use of ...

Letting Employees Sleep on the Job is Not a Reasonable Accommodation

  • Mar 3, 2020
  • Disability Accommodation
  • Dennis J. Merley

Employees frequently seek to explain away their job-related misdeeds by claiming that they are simply symptoms of their disabilities.  While that may be true, it generally does not matter for the reasons that a federal ...

Disability Plus Medical Limitations Equals No Accommodation If They Are Not Linked

  • Feb 18, 2020
  • Disability Accommodation
  • Dennis J. Merley

What happens when an employee has (A) an obvious disability, and (B) a set of unrelated medical limitations needing accommodation?  Read on to “C” the answer. Edward Youngman worked as a youth counselor at the ...

Thirty Years of Precedent Was Just Overruled So Expect More Discrimination Claims

  • Feb 28, 2019
  • Disability Accommodation
  • Dennis J. Merley

The Minnesota Supreme Court just overruled 30 years of precedent that almost certainly will lead to more disability discrimination cases filed against Minnesota employers. Minneapolis firefighter Keith Daniel injured his ankle during an on-duty rescue.  ...

Court Says Employer Adequately Accommodated Employee With Flesh Eating Virus

  • Feb 14, 2019
  • Disability Accommodation
  • Laura I. Bernstein

The Eighth Circuit Court of Appeals (which rules on cases arising in Minnesota) decided a pretty routine disability accommodation case using some eye-opening and thought proving rationales. Gary Brunckhorst was a long-term employee of the ...

Appeals Court Weighs Issue of Obesity as a Protected Disability

  • Jan 22, 2019
  • Disability Accommodation
  • Dennis J. Merley

While obesity is not generally recognized as a disability under the American’s with Disabilities Act (ADA), a case currently before the federal Seventh Circuit Court of Appeals may help tip the scales in a different ...

The Importance of a Doctor’s Note in a Disability Discrimination Case

  • Jan 8, 2019
  • Disability Accommodation
  • Dennis J. Merley

The all-important doctor’s note was the focal point when an employee claimed that she should not have been terminated for her 195th absent day. Sheena Lipp worked in a production capacity for Cargill Meat Solutions ...

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