Americans with Disabilities Act ADAAA

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 -
News & Analysis as of

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more

Courts Cut the Fat, Clarify When Obesity is a Disability Under the ADA

The ADA prohibits discrimination based upon actual or perceived medical disabilities and requires employers to accommodate employees with disabilities subject to certain exceptions. The ADA Amendments Act of 2008 effectively...more

Obesity Alone as a Disability? Slim Chance, Says Eighth Circuit

A memorable scene from the dark comedy “In Bruges” features a clash between a disgraced Irish assassin, played by Colin Farrell, and three portly American tourists after Farrell’s character warns them not to climb the narrow...more

Eleventh Circuit Recognizes Pregnancy Complications as ADA Disability, but Says Employer Does Not Have to Waive Mandatory Overtime

The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more

Obesity Not A Disability Without An Underlying Medical Cause

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

EEOC Sues Windstream for Disability Discrimination

Company Failed to Accommodate Diabetic Employee, Federal Agency Charges - LITTLE ROCK, Ark. - Major network communications giant Windstream Communications violated federal law by failing to accommodate a diabetic...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

25 Years of the ADA: Five Tips for ADA Compliance

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this...more

The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of the Act

Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination...more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Morbid Obesity is Not a Disability in Kentucky – For Now

There’s no question that obesity is a national health crisis, with the Centers for Disease Control and Prevention estimating that more than a third of adults in the U.S. are obese. In 2013, the American Medical Association...more

More for Employers to Be Anxious About Under the ADAAA

In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of counteracting several Supreme Court...more

Supreme Court Sheds Light on the Pregnancy Discrimination Act

The United States Supreme Court recently provided a framework to evaluate whether an employer has violated the Pregnancy Discrimination Act (PDA) under Title VII by failing to accommodate an employee who has a...more

The Pregnant Pause: Five Takeaways for Employers after SCOTUS Ruling in Young v. UPS

Last week, the United States Supreme Court issued a ruling in Young v. UPS, a closely-watched pregnancy discrimination case filed by a female driver at UPS. The Court held that although employers are not required to give...more

Supreme Court Limits Employers' Ability to Distinguish Between Causes of Work Restrictions When Denying Accommodations to Pregnant...

On March 25, 2015, the U.S. Supreme Court announced its decision in the much-awaited Young v. United Parcel Service, Inc. pregnancy discrimination case, as we first reported in our Supreme Court Decides Young v. United Parcel...more

“You Want More Time Off?” – Dealing with Employees’ Medical Leave Requests Under the FMLA and ADA [Video]

The webinar will review the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act Amendments Act (ADAAA), focusing on the interplay between the two statutes and the differing employer and employee...more

No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

In Weaving v. City of Hillsboro, the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a...more

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

ADA: Temporary Medical Condition May Be a Disability

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers...more

EEOC Issues Controversial Updated Enforcement Guidance on Pregnancy Discrimination

For the first time in over 30 years, the Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive update to its guidelines on pregnancy discrimination. The EEOC’s Enforcement Guidance on Pregnancy...more

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Once a conditional offer of employment is given, the Americans with Disabilities Act permits employers to require a pre-hire medical exam as a final condition of employment. If the exam reveals medical issues that would...more

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