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Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

3/3/2014 - ADA Disability Disability Discrimination EEOC Employer Liability Issues

Operating Room Nurse Prohibited From Working After a Drug Rehab Stint Cannot Support ADA Failure to Hire Claim

In a case that underscores the inherent difficulty of implementing the Americans with Disabilities Act (ADA) in situations involving workplace safety issues, a federal district court in Connecticut determined that an...more

6/12/2013 - ADA Disability Discrimination Discrimination Drug & Alcohol Abuse Healthcare Professionals Hiring & Firing

Does Partial Deafness Constitute a Disability Under the ADAAA? The Question Remains Unanswered

A federal court in Pennsylvania recently dismissed a lawsuit filed by a female newspaper page designer who claimed that she was laid off because of her gender and her deafness in one ear. Mengel v. Reading Eagle Company, No....more

4/29/2013 - ADA ADAAA Disability Disability Discrimination Discrimination Termination

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

3/12/2013 - ADA Disability Discrimination Discrimination Essential Functions FMLA Light-Duty Positions Reasonable Accommodation

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