Category Archives: Disabilities

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

Co-worker Safety Trumps Employee’s Right to Disability Accommodation After Making Death Threats

Employers’ hands are often bound when balancing workplace morale with their duty to accommodate employees with mental or behavioral health issues. However, the U.S. Court of Appeals for the Ninth Circuit recently clarified the limit of the employer’s duties in … Continue reading

Posted in ADA, Disabilities, Discrimination, FMLA, Workplace Safety | Leave a comment

An Employer’s Effective Accommodation Under The ADA Need Not Be An Employee’s First Choice

The Second Circuit recently affirmed the Southern District of New York’s grant of summary judgment to technology giant IBM, finding that the provision of real-time, on-call American Sign Language interpreters and/or written transcripts to a deaf software engineer was an … Continue reading

Posted in ADA, Disabilities, Discrimination, Reasonable Accommodation | Tagged , | Leave a comment