interactive accommodation process

Several recent New York City human rights law amendments in the past year have steadily increased worker protections applicable to New York City employers. As is no surprise, the mayor’s office recently adopted yet another new amendment passed by the New York City Council amending the New York City Human Rights Law (NYCHRL) effective October

The EEOC “must be licking its chops,” we said in our post on June 14th.  Why?

 licking its chops : Cat licking its chops

It achieved a PR coup in the form of a new lawsuit against a Detroit nonprofit which helps people with disabilities — appropriately named  the “Disability Network” — for allegedly violating the ADA by discriminating against a deaf employee.

Last week we reported about the EEOC entering into a consent decree settling a disability suit for $30,000.  The suit was against a Minneapolis-area home health care provider for failing to provide a reasonable accommodation to a housekeeping employee who suffered from fibromyalgia and osteoarthritis — and then firing her.

We stressed a few major

In a post last March we stated:

Takeaway: Train your managers and staff in the ins and outs of the ADA;  always engage in an interactive process re seeking a reasonable accommodation for employees with disabilities; and do not rely upon stereotypical assumptions about people with disabilities.

This takeaway was occasioned by an EEOC

On October 7th we asked the questions:  Must an employee who needs an accommodation (disability-related) actually request it?   Or must the employer be “clairvoyant” and infer such a request from the circumstances of the case?

We spotlighted a new decision from an Illinois federal court which held that the employer (the US Postal Service) had

Yes — that’s what an EEOC attorney said upon the settlement for $75,000 of an ADA case it brought in California against Kaiser Permanente, the US’s largest managed care organization.

Indeed, this is not the first such pointed comment from the EEOC:  just recently we quoted an EEOC attorney commenting on the filing of a

Must an employee who needs an accommodation (disability-related) actually request it?  Or must the employer be “clairvoyant” and infer such a request from the circumstances of the case?

Not an easy question, it turns out.  But according to a new decision from a federal court in Illinois, the employer US Postal Service had enough facts