Ellen McLaughlin Quoted in BNA’s Daily Labor Report
“EEOC Holds Public Hearing on Leave as Reasonable Accommodation Under ADA”

Chicago Partner Ellen McLaughlin was quoted June 9 in an article published in BNA’s Daily Labor Report. The article reported on a public hearing conducted June 8 by the Equal Employment Opportunity Commission (EEOC) on the Americans with Disabilities Act’s (ADA) requirements regarding leave, reasonable accommodation and undue hardship. According to the article, the main focus of the hearing was on employer leave policies that require individuals with disabilities to return to work once their leave is exhausted, or else lose their jobs.

Ellen, who was invited by the EEOC to address this serious topic, remarked that “what surprises employers” is that EEOC enforcement of the ADA “seems to require a process that is not only burdensome, but is not legally required. …We do not think employers are required to create a whole new structure” to track employees on disability leave, Ellen testified. “This may be a ‘best practice' issue” but it is not something employers should be required to do under the ADA. “The obligation to ask for an accommodation should remain squarely with the employee.”