ADA accommodations do not have to relate to essential job functions

The Fifth Circuit has clarified an important Disabilities Act issue in a case vacating summary judgment against an employee. Feist v. Louisiana, CA No. 12-31065 (9/16/13). The district court held the employee failed to establish a nexus between the requested accommodation and any essential function of her job. In the district court's view that was fatal to her claim she was denied a reasonable accommodation. In vacating and remanding, the Fifth Circuit panel (Davis, Jones, Benavidies) relied upon the statute and DoL regulations to conclude a request for a "free on-site parking space" to accommodate her osteoarthritis of the knee could be a reasonable accommodation because it could make existing facilities readily accessible. The case was remanded to determine whether the request was reasonable.

Employee wins SJ on ADA claim against naive employer

A federal district court in Tennessee has granted summary judgment to an employee on his disability discrimination claim. The case is significant because it illustrates how an employer's naive approach to assessing the issues and its own termination letter can be devastating to the defense of a disability discrimination claim. Lovell v Champion Car Wash, LLC. More after the jump.

ILA leves AFL-CIO

The International Longshore and Warehouse Union (ILA) has announced it is leaving the AFL-CIO. The 40,000+ members of the ILA, the union has been involved in jurisdictional disputes with other unions, and has been very critical of the labor movements support of "Obamacare". More info at LaborNotes.