Providing accommodations for “hidden” disabilities may be difficult.
Requests for ADA accommodations are growing including telecommuting, traveling, scent‐free workplace, medical marijuana, emotional support animals, and the issues of hidden disabilities. When an employee requests a first class plane ticket due to their back condition that necessitated hourly stretching and walking a court found that the employer’s accommodation of sleeper car train ticket was reasonable. Some courts have found a “scent-free” workplace is “impractical” and would create an undue hardship. An individual does not have to disclose a disability unless a reasonable accommodation is needed. An employer’s medical inquiries to an employee must be job-related and consistent with business necessity. Our speaker goes through each of these different types of requests and how the courts are responding.
Burton D. Garland, Jr.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Employment practice includes litigating employment discrimination matters under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Federal False Claims Act, and the various state counterparts to these federal laws
- Practice includes union avoidance counseling and campaigns, elections, objections to elections, R-Case strategy and litigation, collective bargaining, strikes and injunctions, arbitration, and unfair labor practice charges before the National Labor Relations Board
- Practice includes advising clients on employment-related matters and drafting personnel policies, employment contracts, severance agreements, and employee handbooks
- J.D. degree, St. Louis University School of Law; M.B.A. degree, St. Louis University; B.S.B.A. degree, University of Arizona
- Can be contacted at 314-802-3953 or [email protected]
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