EEOC Meeting On ADA Cutting-Edge Issues - A Cautionary Tale For Employers

The EEOC held a public meeting this morning (Wednesday, June 8) to examine the use of leave as a reasonable accommodation under the Americans With Disabilities Act. The Commission provided a platform for invited panelists to discuss and analyze the use of leave as a reasonable accommodation and on compliance with relevant ADA regulations. While EEOC regulations make it clear that there is a duty to “modify workplace policies” as a reasonable accommodation, there is little definitive guidance as to exactly what this means or requires. The EEOC's meeting sought clarification from regional EEOC counsel as well as a small number of employee and employer stakeholders.

As Chair of Seyfarth's Absence Management and Accommodations Team, I was one of two employer stakeholders asked to speak at the EEOC's meeting. My written submission to the EEOC is here.

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