A Capehart Scatchard Blog

Tag: Reasonable Accommodation

Health System Properly Withdrew Job Offer Due to Failure of Applicant to Complete Vaccine Testing

By on February 5, 2019 in ADA with 0 Comments

Janice Hustvet worked for Courage Center, which merged with Allina Health System in 2013.  Hustvet worked for 15 years at Courage Center as an Independent Living Skills Specialist, educating, supporting and assisting clients with disabilities including spinal cord and brain injuries. On May 13, 2013, Hustvet completed her pre-placement health assessment.  She acknowledged that she […]

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Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA

By on October 13, 2017 in Court Rulings with 0 Comments

The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable accommodation even after FMLA leave has been exhausted.  The Court in Severson v. Heartland Woodcraft, Inc., 33 AD Cases 1113, September 20, 2017 disagreed rather strongly with that view and did not follow EEOC advice. […]

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Court of Appeals Holds Request for One-Year Leave of Absence is Unreasonable

By on June 1, 2017 in ADA with 0 Comments

A leave of absence can qualify as a reasonable accommodation under the ADA, but how long should employers consider granting such leaves?  In Echevarria v. Astrazeneca Pharmaceutical, LP, 33 A.D. Cases 673 (1st Cir. 2017), some practical guidance emerges on this issue.  The case involved a Pharmaceutical Sales Specialist named Taymari Delgado Echevarria (hereinafter Delgado) […]

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Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work

By on January 6, 2017 in Court Rulings, Uncategorized with 0 Comments

Jimmy Mathis worked as a laborer for the City of Red Bank in Tennessee. Eventually he rose to the position of Assistant to the Director of Public Works. Initially he would inspect for building code violations, handle animal control problems, oversee street projects and handle citizen requests. A written job description described his duties, which […]

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Supervisor’s Testimony Rebuts Written Job Description on 35 Pound Lifting Requirement Being Essential Job Function

By on November 23, 2016 in ADA with 0 Comments

Kenneth Camp worked for 38 years for Bi-Lo, LLC., a grocery store in Tennessee, as a stock clerk.  He worked with two others stocking the grocery with product each night.  In March 2012 the Store Director, Mr. Gilreath, arrived at the store and noted that the three stock-shift clerks had not finished shelving all the […]

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Managed Healthcare Services Company Prevails In Nurse’s ADA Claim

By on September 27, 2016 in ADA with 1 Comment

Katherina Swank worked for CareSource Management Group (hereinafter CareSource) as a Registered Nurse (RN).  CareSource provides managed healthcare services to Medicaid recipients.  Her work involved case manager duties by telephone until CareSource initiated a new approach in 2011 to delivering managed care services to the Ohio Department of Job and Family Services, which mandated that […]

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Court Rules that Telecommuting Could Be Reasonable Accommodation under the ADA

By on June 30, 2014 in ADA with 1 Comment
Court Rules that Telecommuting Could Be Reasonable Accommodation under the ADA

Telecommuting is a trend that is rapidly growing in the United States, and telecommuting requests are also on the rise as a potential reasonable accommodation under the ADA.  A recent Sixth Circuit Court of Appeals case, EEOC v. Ford Motor Company, 2014 U.S. App. LEXIS 7502 (6th Cir. 2014) illustrates how difficult it can be […]

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