Opinion
In this article, Chaim Book, senior partner at Book Law LLP, explains that the Americans with Disabilities Act requires a genuine interactive process when handling accommodation requests, not just a correct decision. He illustrates with an example of an employee taking every Tuesday off for mental health and warns that skipping the process can lead to liability even if the final decision is defensible. Book advises employers to document requests, ask for medical substantiation, identify essential job functions, include a second person in conversations, and treat employees with respect to avoid legal disputes.
A recent 4th U.S. Circuit Court of Appeals opinion, Dieng v. Orkin LLC, underscores key ADA principles for HR professionals. The case involved an employee who, after a workplace injury, was kept on indefinite unpaid leave despite requesting lighter-duty work. The employer allegedly failed to meaningfully engage in the interactive process, providing vague or no responses and not assessing the employee's qualifications for open positions. The court found that indefinite leave was not a reasonable accommodation and that the employer had not fulfilled its ADA obligations. The article reviews ADA requirements, the meaning of 'interactive,' and best practices for a meaningful process, including gathering necessary information, exploring alternatives, and ongoing communication.
With over 70,000 drug overdose deaths in 2025, workplaces must be ready to respond. Only 28% of employers have naloxone available, but simple steps like stocking naloxone, sharing the 988 lifeline, and pursuing Recovery Friendly Workplace certification can save lives. This article outlines five practical actions employers can take now to address overdose emergencies and build a supportive culture.
Employers often receive vague doctor's notes that do not provide enough work-related information to act on. Instead of denying an accommodation, employers should ask better questions and request reasonable documentation confirming an ADA-covered condition and need for accommodation. The article explains what information employers need, how to avoid assumptions, and how to craft a supplemental questionnaire that describes the job and asks narrow, work-related questions. It emphasizes giving the employee a fair chance to provide sufficient documentation and engaging in the interactive process in good faith.
The rise of AI deepfakes poses new challenges for employers investigating harassment complaints. Under Title VII, employers must promptly and thoroughly investigate claims, but deepfakes can make it difficult to distinguish fact from fiction. Recent lawsuits against employers who failed to investigate deepfake-related harassment highlight the risks. Employers should update harassment policies to address AI-generated images, clarify that false claims may lead to corrective action, and conduct forensic analyses of evidence. While deepfakes add complexity, the employer's obligation to investigate and take corrective action remains.
The EEOC held a hearing on August 11 regarding the elimination of annual demographic reporting requirements, and the proposal has not yet been finalized. Catalyst CEO Jennifer McCollum and Vice President of Research Laurie Henneborn co-authored an article stating that workforce data is not only a compliance tool but also a key driver of talent decisions and business performance. They cite research showing that organizations using HR metrics to address inequality are more likely to gain advantages in customer loyalty, talent attraction, and employee engagement, and they recommend that companies continue systematically analyzing data even if the legal environment changes.
Early-career employees hesitate to ask questions for fear of exposing ignorance, and a culture that rewards quick answers over exploration exacerbates the issue. This article explores how to reshape the workplace so that curiosity no longer carries career risk.
Scaling back DEI initiatives may backfire: recent EEOC settlement cases indicate that sex discrimination and retaliation remain enforcement priorities, and compliance obligations have not changed. Drawing on case examples and expert research, this article proposes eight best practices based on EEOC guidance to help HR leaders build fair workplaces and avoid both legal and talent risks.
The U.S. Fifth Circuit Court of Appeals recently ruled that employers can deny employees' remote work requests under certain circumstances, even if the request is based on a reasonable accommodation under the Americans with Disabilities Act. This article summarizes the key points of the case and provides four practical suggestions for employers.