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Americans with Disabilities Act (ADA) ADAAA Hiring & Firing

Moore & Van Allen PLLC

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

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The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

Miller Nash LLP

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

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Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues North Memorial Health for Disability Discrimination Against Deaf Applicant

Health Care Provider Failed to Hire and Provide Reasonable Accommodation to Qualified Applicant for Greeter Position, Federal Agency Claims - MINNEAPOLIS – North Memorial Health violated civil rights law when it failed to...more

Dentons

HR Quick Take: FMLA

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Q: We recently had several employees apply for FMLA. Two of them are at least 100 hours short of the minimum 1,250-hour requirement but for different reasons. In an attempt to accommodate the first employee’s health issues,...more

Dentons

HR Quick Takes: Accommodations for Drug Testing

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Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him?  ...more

Manatt, Phelps & Phillips, LLP

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that...more

U.S. Equal Employment Opportunity Commission...

Rancho San Miguel Markets Settles EEOC Disability Lawsuit For $100,000

Supermarket Fired Deli Clerk Because of Her Disability, Federal Agency Charged - FRESNO, Calif. - Local grocery outlet PAQ, Inc., doing business as Rancho San Miguel Markets, has agreed to pay $100,000 to settle a...more

Foley & Lardner LLP

Bashful Bladders Bring Problems for Employers

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The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

Bowditch & Dewey

Client Alert - Bush 1 and a Domestic Legacy: The Americans with Disabilities Act

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The recent passing of George H. W. Bush is a fitting moment to reflect upon one of his most enduring legacies in the sphere of domestic policy: the Americans with Disabilities Act, which he signed into law on July 26, 1990....more

Seyfarth Shaw LLP

Ninth Circuit Expands “Regarded-As” Disabled Standard

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Seyfarth Synopsis: For the first time since the enactment in 2008 of the ADA Amendments Act (ADAAA), which broadened the definition of a disability under the Americans with Disabilities Act (ADA), the Ninth Circuit addressed,...more

Jackson Lewis P.C.

“Regarded As” Disability Claim Does Not Require Proof Of An Employer’s Subjective Belief

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Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is...more

Jackson Lewis P.C.

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

Jackson Lewis P.C. on

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more

Ruder Ware

Seventh Circuit Court of Appeals – Super Human Resource Department?

Ruder Ware on

The Seventh Circuit Court of Appeals (which addresses federal court cases brought in Wisconsin) has stated in the past that it does not intend to be a “super human resource department” for employers. Recent court decisions...more

McAfee & Taft

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

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

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

ADA and FMLA Claims Fail for Call Center Employee Who Dropped Calls

In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues CRST for Disability Discrimination and Retaliation

Trucking Company Refused to Hire Veteran Because He Uses a Service Dog, Federal Agency Charges - JACKSONVILLE, Fla. -- CRST Expedited Inc., a national trucking company, violated federal law when it failed to accommodate,...more

Jackson Lewis P.C.

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

Jackson Lewis P.C. on

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

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

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

Parker Poe Adams & Bernstein LLP

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

Foley & Lardner LLP

Obesity Not A Disability Without An Underlying Medical Cause

Foley & Lardner LLP on

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

Proskauer - Law and the Workplace

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

Constangy, Brooks, Smith & Prophete, LLP

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

Bradley Arant Boult Cummings LLP

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

Parker Poe Adams & Bernstein LLP

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

Burr & Forman

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

Burr & Forman on

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

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