Andrew Gordon Discusses Practical and Pragmatic Strategies for Employers to Ensure Compliance with FMLA and ADA

Hinshaw partner Andrew Gordon discussed in SHRM Magazine the importance of employers understanding the requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Circle K recently agreed to pay $8 million for allegedly failing to provide reasonable accommodations to and retaliating against workers with disabilities and pregnant employees under the FMLA and ADA.

Gordon said that employers should take a practical and pragmatic approach to achieve the intent of these two laws, accommodating eligible employees who are experiencing various issues in their lives that might have an impact on their ability to work.

"However, from time to time, employers simply won't be able to provide accommodations that allow for certain employees to continue working," Gordon acknowledged. "But it's the process in reaching that result, or any other result, that is so important when attempting to comply with these two very difficult laws."