Cannabis Regulation

The United States District Court for the Northern District of New York issued an order granting summary judgment in favor of the Defendant, a school district, in a claim brought pursuant to the Americans with Disabilities Act (ADA). The Court agreed that the Plaintiff, a teacher, did not qualify for accommodation under the ADA because she could perform her job fully without the accommodation. It was agreed upon that her job functions could be performed but under “great duress and harm.” The Plaintiff appealed this decision to the United States Court of Appeals for the Second Circuit. The Court disagreed with the USDC NY decision, stating that “an employee may qualify for a reasonable accommodation even if she can perform the essential functions of her job without the accommodation.” For Employers This ruling reminds us that the crux of the ADA is if the accommodation is reasonable, aimed at mitigating disability related limitations, and does not place an undue burden on the employer, the employer is expected to fulfill that accommodation. Every request for accommodation should be looked at on a case-by-case basis. A broad metric should not be how a business decides if it should allow any requests for ADA accommodation(s). The attorneys at The Royal Law Firm are dedicated to helping employers navigate ADA accommodations and interpretations in their day-to-day practice and handbooks. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.