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Tag Archives: interactive process

EEOC Updates its Guidance and FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws  

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace.  The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees; documentation to… Continue Reading

Ninth Circuit Clarifies the Interactive Process Does Not Apply to Public Accommodations under Title III

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Nicholas E. Ma The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore possible accommodations, there is no interactive process requirement for public accommodations and services.  By the same token,… Continue Reading

THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”).  The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the EEOC’s… Continue Reading

Upcoming Seminar: The World of Accommodations – Disabled Employees and Customers

Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and Regulations

Summary of Program Most business owners know that customers and employees may need to be accommodated from time to time for various reasons.  Often this is because of an employee’s disability, medical condition or a condition present on property owned by the business and open to the public.  It is important for business owners to… Continue Reading

Which Way To Go On The Interactive Process?

Posted in Labor Law

By:   Brendan J. Begley A federal appellate court in the Midwest issued a decision this week that may provide a false sense of security to California employers regarding the extent of their obligation to accommodate disabled employees. See Basden v. Professional Transportation, Inc., Case No. 11-2880 (7th Cir. May 8, 2013).