In The News


2007 Developments in Employment Law

Two recent cases have further defined the Employer's role in dealing with disabled employees. In Wysinger, the Court confirmed that the duty to provide a reasonable accommodation to a disabled employee is separate and distinct from the employer's duty to engage in a good faith interactive process with the disabled employee to explore accommodations. The duty to engage in the interactive process exists even where there is no reasonable accommodation available and the employer can be held liable for its failure to so engage even where there is no finding of disability discrimination. My memo detailing the case and its application to employers is attached as a pdf document.

Wysinger Memo (.pdf)

In Green, the Supreme Court confirmed that the employee bears the burden of proof to show that he/she could perform a job's essential duties with or without reasonable accommodations. Previous to Green, there had been a split of authority as to whether the burden fell on the employer or the employee. This significantly eases the employer's burden of proof in a disability discrimination case as well as potentially signals a shift towards more rigorous standards in dealing with disability discrimination. My memo detailing the Green case is attached as pdf document as well.

Green Memo (.pdf)