News & Analysis as of

Americans with Disabilities Act (ADA)

Ward and Smith, P.A.

A Short Refresher On Discrete Legal Issues During Natural Disasters

Ward and Smith, P.A. on

As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought...more

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Bowditch & Dewey

3-Part Series: Fall Semester Is Underway, Is Your College Up to Date on the Latest Federal Civil Rights Guidance? Part 1

Bowditch & Dewey on

In this three-part series, we’ll review the latest federal civil rights guidance, including Title VI, ADA and Section 504, and Title IX. Part 1: Take a Close Look at Your Discrimination and Harassment Policies and...more

Maynard Nexsen

ADA Compliance in Real Estate

Maynard Nexsen on

Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment...more

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

Kilpatrick on

Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

U.S. Equal Employment Opportunity Commission...

All Day Medical Care Clinic, LLC Agrees to Pay $75,000 to Resolve EEOC Disability Discrimination Suit

Medical Practice Resolves Action in Which it Fired Disabled Employee Rather Than Accommodate Her - GAITHERSBURG, Md. — All Day Medical Care Clinic, LLC., a healthcare provider offering a variety of medical specialists who...more

Troutman Pepper

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Troutman Pepper on

Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Weintraub Tobin

(Podcast) California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Weintraub Tobin on

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more

Weintraub Tobin

California Employment News: Understanding ADA/FEHA Requirements and the Interactive Process

Weintraub Tobin on

Meagan Bainbridge and Ryan Abernethy break down reasonable accommodations under the ADA and FEHA. Learn what employers need to know about handling requests and engaging in the interactive process in this installment of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Osmose Utilities Services for Disability Discrimination and Retaliation

Federal Agency Charges Utility Service Provider Failed to Provide Reasonable Accommodation and Fired Employee Because of Her Disability - ATLANTA – Osmose Utilities Services, Inc., a provider of services and products to...more

U.S. Equal Employment Opportunity Commission...

ASHN and Beaumont ASHN to Pay $65,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Suit Charging Home Health Care Companies Failed to Reasonably Accommodate In-Home Therapist Using Ridesharing - DETROIT – Alternate Solutions Health Network, LLC, and its affiliated entity Beaumont ASHN,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Children’s Healthcare of Atlanta for Disability Discrimination

Says Children’s Hospital Rescinded Job Offer to Applicant Seeking a Disability-Related Accommodation - ATLANTA – Children’s Healthcare of Atlanta, Inc. (CHOA), a pediatric health care system based in Atlanta, violated...more

Parker Poe Adams & Bernstein LLP

Third Circuit Says Temporary Impairment Qualifies as ADA Disability

Last month, we reported on a decision from the Sixth Circuit Court of Appeals (which includes Tennessee) concluding that an employee’s asthma did not constitute a protected disability under the Americans with Disabilities...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pace Southeast Michigan for Disability Discrimination

Says Adult Care Provider Refused to Reasonably Accommodate Employees Returning From FMLA - DETROIT– PACE Southeast Michigan, a company providing all-inclusive care for the elderly, violated federal law at multiple...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Seyfarth Shaw LLP

U.S. Access Board Issues Proposed Rule for Accessible Electric Vehicle Charging Stations

Seyfarth Shaw LLP on

Seyfarth synopsis:  Public accommodations planning to add EV charging stations to their properties should take note of these proposed guidelines and file comments by November 4, 2024....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wabash National for Pregnancy Discrimination

First Federal Lawsuit Claiming Violation of New Pregnant Workers Fairness Act - INDIANAPOLIS – Wabash National Corporation, a nationwide producer of semi-trailers and other commercial trucking equipment, violated federal...more

Genova Burns LLC

Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law

Genova Burns LLC on

Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Whiteford on

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues FedEx For Disability Discrimination

Federal Lawsuit Charges FedEx With An Unlawful 100%-Healed Policy Against Drivers With Medical Restrictions - MINNEAPOLIS – The Federal Express Corporation (FedEx), a global shipping and logistics company, violated federal...more

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