The Americans with Disabilities Act’s definition of “disability” expressly excludes “gender identity disorders not resulting from physical impairments.” Based on this exclusion, courts historically have held that an employee is not entitled to the protections of the ADA based on status as a transgender person. Recently, in Williams v. Kincaid, the U.S. Court of Appeals …read more »
“But We Can’t Do That” — Documenting Undue Hardship Can Help Protect Employers Against ADA Claims
When a disabled employee requests an ADA accommodation, employers should have an interactive discussion to determine what accommodations might work. And a big part of that discussion is asking the employee to suggest possible accommodations. But if an employee suggests an accommodation that would cause the employer an “undue hardship,” the employer can reject that …read more »