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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 -

Big Brother or Big Benefit? Weighing the Option of Microchipping Your Employees

by Faegre Baker Daniels on

A Wisconsin tech company made news in August 2017 for implanting microchips into the hands of willing employees. While it’s certainly worth keeping an eye on this technology and its uses, early adopter employers face many...more

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

by Foley & Lardner LLP on

In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens. As a result, many employers are now...more

Third Circuit Finds No ADA Violation Where Employee Deemed Unfit for Duty

by Reed Smith on

On Tuesday August 15, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a claim for disability discrimination, where the plaintiff was deemed psychologically unfit for duty and subsequently had his...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

by Saul Ewing LLP on

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

by Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

You Might Feel a Small Stick: EEOC Sues on Failure to Accommodate Phlebotomist

If an employer provides a temporary reassignment to accommodate an employee’s disability/pregnancy restrictions, does it have to return her to that assignment after her maternity leave? The EEOC seems to think so. In Equal...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

Federal Court Dismisses Employer’s Claims For Indemnification And Contribution Against Drug Testing Vendor After False Positive...

by Jackson Lewis P.C. on

A federal court in South Dakota granted a motion to strike and a motion to dismiss filed by the Equal Employment Opportunity Commission (“EEOC”) and the laboratory that conducted drug tests for the Defendant employer, holding...more

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

EEOC Sues Dependable Health Services For Disability Discrimination

Health Care Staffing Agency Fired Phlebotomist With Sickle-Cell Anemia, Federal Agency Charges - BALTIMORE - Dependable Health Services, Inc., a health care staffing agency, violated federal law when it fired an employee...more

New York Federal Courts Allow ADA Website Accessibility Claims to Continue

by Ballard Spahr LLP on

Two federal courts in New York recently joined the growing list of those finding that Title III of the Americans with Disabilities Act (ADA) does apply to websites. Both courts denied motions to dismiss by businesses that had...more

On Drugs and at Work: Keeping Your Work Force Safe and ADA-Compliant in the Opioid Epidemic

by Baker Donelson on

According to research conducted by the Mayo Clinic, seventy percent of Americans are on at least one prescription drug, and more than half receive at least two prescriptions. Twenty percent of U.S. patients are on five or...more

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

by Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

UPS Maximum Leave Policy Results In $2 Million Settlement With The EEOC

The EEOC announced this week that it has settled a lawsuit it has been litigating with United Parcel Service, Inc., since 2009. The EEOC alleged that UPS violated the Americans With Disabilities Act by enforcing an...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Nevada Attorney General Takes Dramatic Action to Stop Serial Plaintiff’s ADA Title III Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an apparent effort to stop one plaintiff’s lawsuit spree, the Nevada Attorney General moves to intervene in a federal ADA Title III lawsuit arguing that the plaintiff failed to provide notice to the...more

Sued by an ADA Serial Litigant in Nevada? Help May Be On the Way!

On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending...more

Episode 19: Is This Paid Family Leave’s Moment?

by Akerman LLP on

Matt welcomes prominent members of the NYC Plaintiff’s bar and mother-daughter guest team Laurie Berke-Weiss and Alex Berke to discuss the recent proliferation of state and local paid family leave statutes; paid family and...more

Connecticut Employers Will Need To Accommodate Pregnant Employees

by McCarter & English, LLP on

A new state law that becomes effective October 1, 2017, expands existing legal protections for pregnant employees under federal and state laws and will require employers to pay closer attention to the ways in which they treat...more

The State AG Report Weekly Update

by Cozen O'Connor on

Breaking News- Arkansas Attorney General Is New Chairman of Republican Attorneys General Association- Earlier today, the Republican Attorneys General Association (“RAGA”) named Arkansas AG Leslie Rutledge as its new...more

Responding To Violence In the Workplace – A “Catch 22” For Employers

by SmithAmundsen LLC on

The recent instances of violence in the workplace remind us of the complex task facing employers. Employers must maintain a safe work environment for employees while operating within the parameters of the many federal and...more

Vague, open-ended medical leave denied

by McAfee & Taft on

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more

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