Spencer Fane attorney Helen Holden recently co-authored an article with Marti Cardi of Matrix Absence Management for DRI’s In-House Defense Quarterly magazine.
Titled “The ADA and COVID: Reasonable Accommodations, Extended Leave, and Medical Inquiries,” Helen and Marti explain best practices and a general framework analysis to help employers handle Americans with Disabilities Act (ADA) situations during the pandemic.
“Although many lawsuits relating to COVID issues have been filed, very few involving ADA claims have progressed to the point of a written judicial opinion and, as of this writing, none involve a request for leave of absence as a reasonable accommodation,” Helen and Marti explained in the article. “A small number of courts have recognized that during the COVID-19 pandemic, whether a plaintiff has a disability should be judged by the totality of the circumstances, including the heightened risks of an impairment caused by the pandemic.”
To read the full article, please click here. Please note, a subscription may be required.