The Tenth Circuit clarified that demonstrating that an employer failed to accommodate a disability, standing alone, is not sufficient to succeed on a claim under the Americans with Disabilities Act.
Following a mass walk out at Google offices across the country, the company announced it was putting an end to forced arbitration for sexual harassment complaints. Several other tech companies followed suit, sparking a trend and conversations regarding the merits of arbitration.
The case is a reminder about the importance of having effective internal procedures for handling, investigating and responding to complaints.
The new requirements take effect on October 15, 2018, and impose requirements surrounding the “cooperative dialogue” employers must engage in when an accommodation is requested.
The Fifth Circuit upheld the National Labor Relations Board’s decision against In-N-Out, which found the company’s rule prohibiting employees from wearing any type of pin or stickers on their uniforms unlawful.