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Americans with Disabilities Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Recent Guidelines in Handling FMLA Claims

by Taylor English Duma LLP on

Your employee takes twelve weeks of FMLA, but cannot return when her leave expires. Her doctor certifies that she needs an additional 30 days of recuperation, but she claims she can do light-duty work during that 30 day...more

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

by Fisher Phillips on

A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

Bringing Your Dog to Work: Service Animals as Disability Accommodation

The reasonable accommodations for an employee’s disability that may be required by the Americans with Disabilities Act and the Connecticut Fair Employment Practices Act can take many forms, including an employee coming to...more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Legislative Update: Pregnancy Discrimination Protections Under State Law Changing?

by Shipman & Goodwin LLP on

On Tuesday, May 23rd, the Connecticut House of Representatives overwhelmingly passed a measure that would greatly expand the already broad anti-discrimination provision that exist under Connecticut law. The bill, House Bill...more

Howard Stern’s Day Off : The Danger of Digging for Details When Employees Call-In Sick

by FordHarrison on

Shock Jock Howard Stern took an unexpected day off from his radio show last week which prompted a firestorm of speculation on social media as to the underlying reason for his absence. Although Stern’s absence was initially...more

Employment Law Navigator – Week in Review: May 2017 #4

by Zelle LLP on

Last week, a California Department of Transportation worker with severe allergies to scents and household chemicals won a $3.3 million jury verdict in a disability harassment lawsuit. The employee claimed that his...more

Federal Court Provides Guidance on Service Dogs as a Reasonable Accommodation Under the ADA

by Clark Hill PLC on

On March 29, 2017, the United States District Court for the Eastern District of Michigan identified factors employers should consider if presented with the novel, but increasingly popular, employee disability accommodation...more

Businesses Face Conflicting State And Federal Accessibility Requirements

by Jackson Lewis P.C. on

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Will A Subsequent Purchaser Of A Property Built After 1991 Be Liable For Accessibility Issues Related To Design & Construction Of...

by Fox Rothschild LLP on

As all of us in the property ownership/management business know, communities get bought and sold from time to time. Indeed, a property can be sold many years (even decades) after it was first designed and constructed....more

Top 10 Mistakes Employers Make in Employment Applications

Employment applications—almost every employer in the country uses them. They can seem innocuous, but they contain a number of minefields of which employers should be aware....more

District Court Denies Certification of Nationwide Class, Finding Individual Retail Stores’ Alleged Failures to Follow Internal...

by Carlton Fields on

An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

by Fox Rothschild LLP on

In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas...more

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

Appeals court rules diagnosed mental impairment not proven to be actual disability

by McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Employment Law - May 2017

What Is a “Workplace”? California Appellate Court Considers - Why it matters - A California appellate panel considered the issue of the location of a “workplace” for purposes of employer liability when an employee got...more

New Eleventh Circuit Opinion Broadens Healthcare Providers’ Exposure to Litigation for Failure to Provide Effective Communication...

by Arnall Golden Gregory LLP on

On May 8th, the Eleventh Circuit Court of Appeals issued an opinion with broad implications for healthcare providers, confirming the importance of ensuring effective communication with deaf or hearing-impaired patients....more

Oklahoma Case Serves As Reminder That Pregnancy Alone, Without More, Is Not An ADA Disability

by Jackson Lewis P.C. on

A former employee’s claim that she was pregnant and subject to lifting restrictions failed to allege a valid claim under the Americas with Disabilities Act (ADA), according to the U.S. District Court for the Northern District...more

QBB Review: What employers should know—but often don’t—about employee substance abuse

by Nexsen Pruet, PLLC on

Many employers believe that alcohol and substance abusers are primarily unemployed or unemployable. Data shows the opposite. Indeed, one study estimates that 90 percent of alcoholics and 74 percent of drug addicts are...more

2017 Federal ADA Title III Lawsuit Numbers 18% Higher than 2016

by Seyfarth Shaw LLP on

The increase of ADA Title III lawsuits in federal court shows no signs of stopping. From January 1 through April 30, 2017, 2629 lawsuits were filed — 412 more than during the same period in 2016....more

Whiskey For My Men, Beer For My (Service) Horse – A Business Owner’s Primer On Service Animals And The ADA

by SmithAmundsen LLC on

A guy and his horse walk into a bar… This could be the start of a funny joke, or the beginning of an American with Disabilities Act (ADA) complaint that can cost your business thousands of dollars in defense costs and...more

Managing the Competing Obligations of the FMLA and ADA

by PilieroMazza PLLC on

An employee asks for over 12 weeks of leave for an illness under the Family and Medical Leave Act (FMLA)—does this also constitute a request for accommodation under the Americans with Disabilities Act (ADA)? The interplay...more

Check Your Map: The Changing Landscape of Reasonable Accommodation

by Zelle LLP on

We recently helped a client work through a collection of reasonable accommodation issues. In doing so, we realized that we were dealing with questions that wouldn’t have come up 10 years ago, or maybe even 5 years ago. ...more

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